MUKESH Vs. NARESH KUMAR

JUDGEMENT

(1.) The wife has filed the present appeal under Section 28 of the Hindu Marriage Act, 1955 (here-in-after referred to as 'the Act') for challenging the judgment and decree dated 20.2.2009 passed by Additional District Judge-cum-Fast Track Court, Sonepat on a petition filed by the respondent-husband under Section 13(1)(i-a) of the Act.

(2.) In his petition filed by the respondent before the trial Court, it was averred that the parties got married on 15.5.2004. From this marriage, one child was born on 11.8.2005. However, the appellant-wife stayed with the respondent only upto 25.7.2005 and after leaving the company and society of the respondent, went to stay at her parents' house. The respondent had made several attempts including filing of petition under Section 9 of the Act to bring the appellant back to the matrimonial home but the appellant got a false criminal case registered against him, his widowed mother and younger sister. Pleading that the appellant had been treating him with physical and mental cruelty, the respondent filed the petition under Section 13(1)(i-a) of the Act for dissolution of marriage by way of a decree of divorce.

(3.) The divorce petition was opposed by the appellant by denying that she had ever treated the respondent with cruelty. According to her, it was the respondent and his family members, who had been giving merciless beatings to her and compelling her to bring a motor cycle from her parents. It was only when her parents gave a sum of Rs. 50,000/- that he took her back to the matrimonial home. She further averred that the respondent and his family members then demanded a buffalo for which her parents again gave a sum of Rs. 20,000/-. Despite the same, the lust of the respondent and his family members for more household articles was not satisfied as they started demanding a car and a washing machine. When the said demand could not be fulfilled by her parents, she was mercilessly beaten by the respondent and his family members and turned out of the matrimonial home on 25.7.2005. At that time, she was pregnant and delivered a female child on 10.8.2005 at her parents' house. She lodged FIR No. 131 dated 16.11.2005 under Section 498-A IPC against the respondent and others. She, accordingly, prayed for dismissal of the divorce petition.