MAYAWANTI Vs. BINA RAM

JUDGEMENT

(1.) THIS appeal under Section 28 of the Hindu Marriage Act (hereinafter referred to as the Act) has been filed by the appellant Smt. Mayawanti against the judgment and decree dated 14.11.1996 passed by the learned Additional District Judge, Rohtak.

(2.) THE appellant-wife filed a petition under Section 13 of the Act seeking dissolution of the marriage between the parties on the ground that respondent has treated her with cruelty and has deserted her within the meaning of Section 13(1)(i-a) and (i-b) of the Act. The marriage between the parties was solemnized on 2.5.1990. The muklawa ceremony (i.e. the bringing of the wife) was also performed. After the marriage, parties stayed at village Kaliawas for about a week. It is the case of the appellant that during her stay, she was not treated as a wife and the respondent gave her severe beatings for no fault on her part. The respondent used to come home after consuming liquor under heavy intoxication and then he misbehaved with her. This was his routine. Besides consuming liquor, the respondent is also alleged to be gambling and addicted to taking sulfa (mixture of tobacco and cannabis smoked as intoxicant). During her stay, she was not even given the bare necessities of life and was forced to leave the house. The treatment of the respondent towards the appellant left her with no alternative except to leave the house. The appellant sent information to her parents and her brother brought her to her parental house on 2.5.1993. She narrated the entire story to her parents and other family members. Since then she is residing with her parents at village Jamalpur, Tehsil Jhajjar, without any fault on her part and no one has come from the side of the respondent to take her back. On these premises, the appellant alleges that she has been treated with cruelty and has a reasonable apprehension in her mind that it would not be feasible or in her interest to lead such a life and she apprehends danger to her life. She has been deserted by the respondent without any reasonable cause.

(3.) THE petitioner filed a replication to the written statement in which she denied the averments of the respondent as made in the written statement and reiterated the stand taken by her in the petition.