ANIL KUMAR Vs. SUNITA DEVI

JUDGEMENT

(1.) The husband-Anil Kumar is in second appeal before this Court.

(2.) Briefly stated Sunita Devi filed a petition for maintenance under Section 18 of the Hindu Adoption and Maintenance Act by pleading that she was married to Anil Kumar on 20.03.1998 as per Hindu rites. At the time of marriage, the parents had spent a lot of money and have also given gifts to the husband as also the other family members. Soon thereafter, the husband as also his family members started harassing her on the pretext having not brought sufficient dowry. It was pleaded that she was also subjected to mental cruelty inasmuch as it was repeatedly pointed out to her that she is only educated upto 7 th Class while the husband was highly qualified being a Post-Graduate and was a School Teacher. A daughter namely Kavita was born out of the wedlock on 13.09.1999 and even at that point of time, the husband and his family members took it as a bad omen.

(3.) On 12.08.2000, a son namely Ravi was born and even on that occasion inspite of her parents having spent a lot of money in terms of giving gifts etc. to the husband and his family members but still she was subjected to cruelty by stating that no gold ornament had been given as it was an occasion of the birth of a son. In March, 2001, the petitioner-wife was stated to be thrown out from her matrimonial house whereupon, a Panchayat was convened and with the intervention of the Panchayat members, she was permitted to stay in the matrimonial house. Soon thereafter, the husband again raised a demand of Rs. 2 lacs on the pretext that such amount was required for securing a Govt. job. The petitioner-wife pleaded that her uncle namely Amrit Lal withdrew an amount of Rs. 2 lacs from his account on 03.06.2003 and gave it to the husband. In spite of this, yet another demand of Rs. 2 lacs further was raised and upon the second demand having not been met she was given beatings by the husband, his mother, brother-Jaipal and Jaipal's wife namely Anita. On 03.11.2004, the petitioner was thrown out of the matrimonial home and the children were forcibly kept back against her wishes and against such factual background, it was stated that the petitionerwife having been thrown out of her matrimonial home, is now residing at her parental place and she has no source of income to maintain herself. It was further pleaded that the husband is a Teacher by profession and also owns agricultural land. It was stated that 39 kanals 9 marlas i.e. 1/4 share out of the total land measuring 157 kanals 15 marlas came to the share of the husband by way of inheritance upon the demise of the father of the husband in the year 2005. It was also pleaded that the husband was earning more than Rs. 30,000/- P.M. On such facts it has been pleaded in the petition that a decree be passed in her favour in terms of fixing an amount towards maintenance and such amount awarded be declared as a charge on the share of the husband in the agricultural land.