PARDEEP Vs. BEENA DEVI

JUDGEMENT

(1.) This appeal has been filed by the appellant-husband against judgment and decree dated September 2, 2013 passed by the learned District Judge, Family Court, Gurgaon, whereby his petition under Section 13 of the Hindu Marriage Act 1955 (for short "the Act") as amended upto date, for dissolution of marriage by way of a decree of divorce, was dismissed. Shortly put, the averments contained in the petition are that the marriage of the appellant-husband was solemnized with the respondent-wife on March 8, 1999 according to Hindu rites and ceremonies at village Ghumanhera, Najafgarh, New Delhi. After the marriage, they lived together as husband and wife and out of their wedlock, a son namely Dhoom was born in the year 2005, who has been living with the respondent. It has been alleged that after some months of the marriage, the respondent started misbehaving with the appellant-husband as well as his family members and used to pick up quarrels on trivial matters and even she did not use to prepare meals. She used to leave for her parental home without informing him. Even at the instance of his in-laws, the appellant-husband separated from his family members but despite that there was no change in the behaviour of the respondent. Her brothers were called by him to persuade her to mend her ways but with no fruitful result. Once the respondent was found in the company of some unknown person and she alongwith that person was nabbed and produced before the police at Police Station Sector-4, Gurgaon where her brother namely Rohtash was also called. He took her sister (respondent) along to his village. After the said incident, some persons from the side of the respondent while approaching the appellant felt sorry and the respondent was brought back to matrimonial home. However, after about 15 days, she again left for her parental home. In the year 2010, the appellant-husband fell ill but nobody from the side of the respondent came to him to enquire about his health. Even on the day of institution of divorce petition, he rang-up the respondent and persuaded her to join his company but she refused to accede his request. Even in the mediation proceedings, she was advised to live with him in the matrimonial home for a period of one month but during that period, she neither talked to him nor allowed him to talk to the child. They have been living separately for the last about five years. Since, there was no likelihood of living together, the husband-appellant preferred the petition seeking dissolution of marriage.

(2.) In response to the notice of the divorce petition issued by the learned lower Court, the respondent-wife appeared and resisted the divorce petition. She filed the written statement controverting all the averments contained in the petition and submitted that her parents had given sufficient dowry articles besides Rs. 51,000/- in cash and a motorcycle but the appellant and his family members were not satisfied with the dowry articles brought by her and they subjected her to cruelty in connection with demand of dowry. She had done all house hold chores at her matrimonial home. Her behaviour towards the appellant and his family members was good. It has also been submitted that false allegation has been levelled against her that she was found in the company of some unknown person or produced before the police. She stayed with her husband and discharged her matrimonial obligations. She is still ready to go to her matrimonial home with the appellant from the court premises itself. Till date, she has not filed any case against the appellant and his family members because she wants to save her marriage. She was turned out of her matrimonial home in the year 2007 when she was in a family way. Since then, she has been residing with her mother at her parental home. The appellant or any other member of his family did not visit to see her child. He did not pay any amount towards the maintenance either to her or her minor son, who are otherwise, unable to maintain themselves. She, accordingly, prayed for dismissal of the divorce petition.

(3.) On going through the pleadings of the parties, following issues were culled out in order to adjudicate upon the matter in controversy: