RAJNI Vs. SANJAY KUMAR

JUDGEMENT

(1.) The appellant-wife has come up in appeal before this Court seeking setting aside of judgment and decree dtd. 26/3/2013 passed by the District Judge (Family Court), Sonipat, whereby petition filed by the respondent-husband under Sec. 13 of the Hindu Marriage Act, 1955 (for short 'the HMA') for dissolution of marriage has been allowed.

(2.) Marriage between the parties was solemnized on 20/4/2008. As per respondent-husband, appellant-wife came to matrimonial home on 21/4/2008 and kept on sleeping throughout the day. Respondent and his family members were under the impression that on account of hectic schedule in the marriage, the appellant might have got tired. She got up and after having meal during the night when the petitioner was waiting for consummation of marriage, appellant-wife started behaving in abnormal manner. She raised hue and cry and started running in the house and tried to come in the street without any dupatta or chunni but to avoid social defamation, respondent and his family members caught hold of her and gave her sleeping tablets and thereafter she slept. On 22/4/2008, brother of the appellant was informed telephonically about the act and conduct of the appellant, who assured that appellant will get well within day or so as she was behaving like this due to sleeplessness. However, appellant kept sleeping throughout the day and even did not consummate the marriage. After about ten days, brother of the appellant, namely, Raj Kumar visited Gohana and all the facts were narrated to him. Brother of the appellant took her to her parental home with the undertaking that she will be sent back only when she will be alright. After about 20 days brother of the appellant brought the respondent to Gohana and assured the respondent and his family members that she was alright and will not disturb the peace of their family. However, she again created scenes. Family members of the respondent locked the appellant in a room to avoid social defamation. Appellant stayed only for ten days and was again sent to Sonipat on 2/6/2008 and thereafter she did not come back. On 10/11/2008 a police constable visited the residence of the respondent and from a news item they came to know that appellant had taken some poisonous substance and was taken to Sonipat for treatment. On the statement of appellant, FIR No.56 dtd. 9/11/2008 under Ss. 498-A and 307 read with Sec. 34 IPC was registered at Police Station City Gohana against the respondent and his parents despite the fact that appellant had already left the respondent's company on 2/6/2008. However, during investigation, it was found by the police that no offence under Sec. 307 IPC was made out, therefore, Sec. 307 IPC was deleted and challan under Sec. 498-A, 406 read with Sec. 34 IPC was presented in the Court. On account of false case, respondent had to remain in custody for three days and his family members had to sought anticipatory bail, resulting into great mental as well as physical cruelty. Appellant-wife also filed a petition under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 against the respondent-husband and his father. During her short stay of 20 days at her matrimonial home, appellant treated the respondent with cruelty; did not help in domestic affairs; did not consummate the marriage and family members of the respondent were defamed and cheated.

(3.) Heard learned counsel for the parties at length.