SONIA Vs. RAKESH KUMAR

JUDGEMENT

(1.) BY this common judgment we intend to dispose of two FAOs bearing Nos. M -384 of 2009 and 7351 of 2011 filed against judgment and decree passed by District Judge, Family Court, Hisar dated 01.09.2009 whereby petition filed by Sonia (wife) under Section 9 of the Hindu Marriage Act, 1955 (for short, 'the Act') was dismissed and another petition filed by Rakesh Kumar (husband) under Section 13 of the Act for dissolution of marriage was accepted. As the controversy involved in both the appeals is the same, the facts recapitulated from the petitions filed under Sections 9 as well as 13 of the Act are that the marriage between the parties was solemnized on 09.05.1998 at village Neoli Khurd according to the Hindu rites and ceremonies. After the marriage, parties lived together and cohabited as husband and wife. Out of their wed -lock, one son namely Anil was born in November, 2000.

(2.) THE averments made in the petition under Section 9 as well as reply to the petition filed under Section 13 of the Act are that at the time of marriage, the parents of the petitioner/wife incurred huge amount approximately to the tune of Rs. 1,50,000/ - and gave sufficient dowry more than their financial capacity but the respondent/husband was not satisfied with the same, due to which, her life was not peaceful. There were no cordial relations with the respondent/husband and his family members. The respondent/husband as well as his family members started giving merciless beatings to her, on account of not meeting the demand of dowry. However, due to goodness of Sudesh, the younger brother of the respondent/husband, the petitioner was not harassed in his presence, who expired in a road side accident on 25.02.2001. Thereafter, respondent/husband and his family members started harassing her for the sake of dowry and also put forward their demand of cash amount. It has further been alleged by the petitioner/wife that since January, 2006, after being thrown out of matrimonial home, she along with her minor son is living at the house of her father. Even she has no movable or immovable property to maintain herself as well as the minor child and the respondent/husband has ignored her as well as the minor son. He has refused to pay any maintenance. She made several efforts to join his company but with no fruitful result. The respondent/husband has filed a petition for dissolution of marriage on the ground of cruelty, leveling false allegations just to make out a case of divorce.

(3.) VIDE order dated 17.11.2008, learned District Judge, Family Court, Hisar consolidated both the petitions under Section 9 and 13 of the Act preferred by the parties against each other. Both the petitions were hotly resisted by the parties. The learned District judge culled out the following issues from the pleadings of the parties: - -