UMA RANI Vs. KRISHAN DEV

JUDGEMENT

(1.) This appeal is filed by the appellant - wife challenging the judgment dated 1.2.2010 passed by the then Additional District Judge, Jalandhar whereby the divorce petition filed by the wife was dismissed. The allegations in the petition filed by the appellant were that the marriage between the parties was solemnised on 25.9.2006 at Jalandhar as per Hindu religious rites and no child was born out of the wedlock. Reasonable amount had been spent on the marriage besides cash and gold ornaments having been entrusted to the respondent as Istridhan of the petitioner - appellant.

(2.) The 'Doli' was taken to Village Tohlu but to the utter surprise of the appellant, the respondent had not made arrangement even for food when they reached. Thereafter, he left the appellant and went to the house of his uncle and returned very late. He took some medicine and entered the bedroom but did not talk to the appellant. She tried to know the reason but he failed to explain anything. He suddenly got excited, apparently due to the medicine taken by him and dragged the appellant to his side and consummated the marriage without caring for her feelings on the first night. Thereafter, he turned his back to her. He then, all of a sudden, became hysteric and started shouting and jumping on the bed. The appellant passed the night in a frightened condition. On the next day, the respondent left for Muktsar leaving her behind at Jalandhar bus stand without saying anything to her. She went to the house of her parents with the help of the mediators to the marriage and after that respondent never talked to her properly. However, on the instance of the appellant, he took her to the matrimonial home in Dec., 2006 as she was having vacations during those days, but on 31.12.2006 he told her that he was to leave for Muktsar and could not take her with him. Ultimately, he agreed to take her but did not keep her properly in Muktsar and picked up quarrel over trifles. In May 2007, the respondent took the appellant to Village Tohlu for about three weeks but he did not improve his behaviour. He did not allow the appellant to wear good clothes and ornaments and he remained under the influence of one lady namely Usha and his cousin Mohan Lal and the latter's wife Meena, who were living in the neighbourhood in Village Tohlu. Even in Muktsar, the respondent was living in 'Bara' type of house in the fields and did not agree to arrange for proper accommodation on the asking of the appellant. In June, 2008, there was 'Ramayan Path' and 'Yagya' at Village Tohlu for which the respondent compelled the appellant to arrange an amount of Rs. 25,000.00. She paid the same to him. After that, he demanded the details of all her bank accounts and other properties which she may have been holding and all sources of income and savings. When she denied, he became aggressive and tried to strangulate her. In 'Jagran', the respondent with the help of Mohan Lal etc., named above, created hindrance in the function for which the appellant had to cut a sorry figure before the people gathered there. Even when she fell ill in July, 2008, no proper care was taken.

(3.) The appellant was serving in Himachal Pardesh and the respondent was serving at Muktsar and he did not want the appellant to join his company. Only when the respondent so desired, he established physical relations forcibly with the appellant after taking medicine without caring for her feelings and without waiting for any response from her side. All efforts on the part of the appellant to make the relationship cordial, failed. After Aug., 2008, the respondent did not allow the appellant to join his company and she was completely deserted by him. A Panchayat was convened on 6.1.2009 by the appellant where her brother and other persons were present. The respondent admitted his guilt but refused to rehabilitate her and called her 'Pishachini' (evil spirit). The respondent also refused to return the articles of Istridhan.