RASHWINDER KAUR Vs. RAVINDER PAL SINGH

JUDGEMENT

(1.) The appellant-wife filed a petition for divorce under Sec. 13 of the Hindu Marriage Act before the District Judge, alleging that the marriage between the parties was solemnized on 11.02.1998 and a female child was born out of the wedlock on 14.03.1999. It was stated that sufficient dowry was given in the marriage including jewellery and other household articles. An amount of Rs.span 10 lacs is stated to have been spent on the marriage. The respondent and his family members started maltreating her in order to coerce her to bring more dowry articles including a car. Her parents were not able to fulfil this demand. On account of constant harassment meted out to her, she once tried to strangulate herself. The respondent used to turn her out of the matrimonial home by giving her beating. On each such occasion the matter used to be settled with the intervention of respectables. The respondent is also addicted to vices and he sold valuable articles to spend on his bad habits like liquor and purchase of lotteries. Ultimately, respondent and his parents turned the appellant out of matrimonial home in the third week of April, 2007. All efforts to rehabilitate the appellant proved futile.

(2.) An additional ground was also taken that the respondent and his family was suspecting her fidelity of having illicit relations with one Bharpur Singh, a resident of the village. The respondent and his family members gave beating to aforesaid Bharpur Singh, who died as a result of injuries on his person and FIR No. 52 dated 21.04.2007 for offence under Sec. 304/34 Indian Penal Code was registered against the respondent and his father. The respondent also threatened the appellant to be killed.

(3.) On an application filed by the appellant-wife under Sec. 24 of Hindu Marriage Act for the grant of maintenance pendente lite and litigation expenses, the learned lower Court granted her Rs.span 3,000.00 as litigation expenses and Rs.span 2,000.00 per mensem for appellant and Rs.span 1,000.00 per month for the minor child as maintenance pendente lite with effect from the date of passing the order i.e. 03.04.2008. The petition for divorce was instituted on 03.10.2007. The respondent did not make payment of litigation expenses as well as maintenance pendente-lite and his defence was struck off.