SANGEETA Vs. RAJINDER KUMAR PASRIJA

JUDGEMENT

(1.) The present appeal was filed by appellant Sangeeta against the judgment and decree passed by the learned Additional District Judge, Rohtak on 17.2.2000, whereby the marriage of the appellant with Rajinder Kumar respondent was dissolved .

(2.) The appellant challenged the decree on the ground that desertion and cruelty, on which the petition for divorce was based, were not proved. The husband had filed a petition for restitution of conjugal rights which was later on withdrawn by him and then he filed petition for divorce. The Court below emphasised mainly on the fact that the appellant had got the family of the husband arrested for the offences punishable under Section 498-A Indian Penal Code which amounted to cruelty. However, the grounds taken by the appellant for resisting the petition were not properly considered.

(3.) According to the averments of the husband in the petition under Section 13 of the Hindu Marriage Act, 1955 (for short, 'the Act'), the marriage between the parties was solemnised on 13.4.1993 according to Hindu rites and ceremonies at Rohtak. The marriage was consummated and a male child was born to them on 4.7.1994. The respondent- husband had alleged that on 19.12.1993, he was present at Shakur Basti Railway Station, Delhi with appellant Sangeeta and when the train was about to arrive, she slipped in the crowd stating that she had to go to the house of her uncle. She did so without the consent of the husband. On 16.6.1994, the wife had gone to Khurja along with her mother when she was pregnant. She traveled against medical advice and promised to return after one week but did not turn up. After waiting another week, the husband went to bring her back but her parents did not send her. The behaviour of the wife in the matrimonial home was also not good as she picked quarrel over every drop of a hat. She also did not do any work.