SHAKUNTLA DEVI Vs. ASHOK KUMAR @ BILLU

JUDGEMENT

(1.) This appeal is directed against the judgment passed by the Additional District Judge, Hissar, dismissing the petition of the wife under Section 13 of the Hindu Marriage Act, for dissolution of marriage.

(2.) Marriage between the parties was solemnised on 28.4.1982. No child was born out of this wedlock. According to the wife (appellant herein) after the marriage, the husband, his mother, brothers and sisters started taunting her for not bringing sufficient dowry. According to her, right from the date of the marriage, their behaviour was rude and cruel towards her. She remained only for two days in the matrimonial home and thereafter she returned to her parents. Her parents made efforts for reconciliation but the husband was not prepared to keep her. Therefore, she was constrained to file petition under Section 13 of the Act for dissolution of the marriage. Petition was contested by the husband who denied the allegations made in the petition. Additional District Judge, Hissar, dismissed the petition after finding that there were certain discrepancies in the statements of the witnesses and the wife failed to prove satisfactorily that she was treated with cruelty or there was desertion on the part of the husband. She has impugned the said judgment in this appeal.

(3.) After hearing the learned counsel for the parties, I am of the view that this appeal deserves to succeed.