RADHA RANI Vs. HAR BHAGWAN

JUDGEMENT

(1.) WIFE is aggrieved against the judgment and decree passed by learned Additional District Judge, Hisar whereby the marriage between the parties was dissolved by a decree of divorce.

(2.) MARRIAGE between the parties was solemnised on 26.3.1985. One female child was born after one year of the marriage. However, as per the allegations of the husband, wife left the matrimonial home on 27.5.1988. On 28.5.1988, she got registered FIR No. 93 for an offence under sections 498-A and 323 read with section 34 of the Indian Penal Code. The husband was acquitted in the said criminal case on 29.5.1993. It is further alleged that during the pendency of the trial on 24.4.1992, husband was assaulted by the brothers of the wife namely Ravi Dutt and Sunil Kumar and maternal uncle Mahabir and mother Geeta Devi. A criminal case for an offence under sections 323 and 506 IPC was registered against the above named persons vide FIR No. 200 dated 28.4.1992. Both the brothers and maternal uncle and mother of the wife were convicted and and fined Rs. 300/- each. The husband has also alleged that the wife moved an application under section 125 of the Code of Criminal Procedure wherein husband is making payment of Rs. 900/- per month as maintenance to the respondent and her daughter. It is, thus, pleaded that the wife has treated the husband with cruelty. He has suffered mental as well as physical cruelty and apprehends danger to his life. The wife is residing separately since 27.5.1988.

(3.) THE husband filed replication converting the allegations made in the written statement. After framing of issues, the parties led their evidence. The husband produced his mother Vidya Devi as P.W.2 and he himself appeared as P.W.1. He also produced documents Ex. P.1 to P.5. On the other hand, wife appeared as R.W.1 and produced documents Exs. R.1 to R.3. The learned trial court accepted the petition for dissolution of marriage holding that initiation of proceedings by the wife under sections 498-A and 323 IPC which was resulted into acquittal amounts to cruelty. The filing of petition under section 125 Cr.P.C. and conviction of relations of the wife for an offence under sections 323 and 506 IPC were considered an act of cruelty on the part of the wife sufficient to dissolve the marriage between the parties.