VIRENDER KUMAR @ VIRENDER SINGH Vs. SANTRO DEVI

JUDGEMENT

(1.) THIS appeal has been filed by the husband against the wife challenging the judgment and decree dated 1.9.2000 passed by the Additional District Judge, vide which the decree for divorce was granted in favour of the wife and against the husband.

(2.) THE facts in brief are that Smt. Santro Devi-wife on 10.8.1998 had filed a petition under Section 13 of the Hindu Marriage Act, against her husband, Virender Kumar, seeking dissolution of marriage by a decree of divorce. In the petition, it was alleged that the marriage between the parties was solemnised on 15.1.1996 and that out of the said wedlock no child was born. It was alleged that the behaviour of the husband and his family members towards her was cruel and humiliating since the inception of marriage and that he and his family members used to tease and taunt her for not bringing sufficient dowry. It was alleged that he had started raising demand for Hero Honda Motor Cycle and cash of Rs. 10,000/- and also called had names to her parents and also gave her beatings and she had to remain without food for not bringing sufficient dowry. It was alleged that her husband left her at her parents house 5 days after the marriage. It was alleged that when she told the entire story to her father, her father requested her husband and his family members not to behave like this but their attitude remained unchanged and further a demand of Rs. 30,000/- was made for purchase of plot, whereupon, her father gave Rs. 25,000/- to the father of her husband, but the plot was purchased in the name of her mother-in-law and thereupon her husband agreed to bring her with him and consequently, he brought her to the matrimonial home in June, 1996. It was alleged that his behaviour and the behaviour of his family members became more cruel this time and she was asked by him to bring motor cycle from her parents. It was alleged that he and his family members gave beatings to her and also taunted her for not bringing motor cycle. It was alleged that she remained in her matrimonial home for 4 months and during this period her life became a hell and ultimately her husband left her outside her parents village in three clothes in the month of October, 1996 saying that she would not be allowed to come without motorcycle and Rs. 10,000/- in cash. It was alleged that her father convened various Panchayats but her husband refused to keep her with him as his wife and was adamant on the demand of motorcycle and cash of Rs. 10,000/- for which her father showed his inability. It was alleged that her husband and his family members kept the dowry articles and istridhan with them illegally and also refused to return the same on demand, whereupon she lodged FIR No. 133 under Sections 323/306/398-A/506/34 IPC in Police Station, Kalayat against her husband and other members of the family and the said case is still pending in the Court of JMIC Kathal. It was alleged that her husband and his family members had treated her with cruelty and her life was in danger in her matrimonial home. It was accordingly prayed that the marriage between the parties be dissolved by a decree of divorce.

(3.) AFTER recording the evidence and hearing both sides, the learned Additional District Judge, granted a decree for divorce in favour of wife and against the husband, holding that the husband had caused cruelty to the wife. Aggrieved against the judgment of the learned Additional District Judge, the husband has filed the present appeal in this Court.