PRIYANKA Vs. JAI BHAGWAN

JUDGEMENT

(1.) THE present appeal has been preferred by Smt. Priyanka (wife) feeling aggrieved against the judgment and decree dated January 22, 2011 whereby the petition filed under Section 13(i)(i -a) of the Hindu Marriage Act, 1955 (for short 'the Act') as amended up -to -date for dissolution of marriage between the parties, was dismissed. The brief facts of the case contained in the petition are that her marriage was solemnized with the respondent on June 20, 2009 at village Nimali according to Hindu rites and ceremonies. The marriage was consummated but no child was born out of their wedlock. It has been alleged by her that the respondent -husband and his family members started maltreating, abusing, harassing and beating her as they were not satisfied with the dowry given at the time of her marriage being greedy person. They also compelled and coerced her to bring money from her parents so that he may quench the lust of his drinking. Even he also raised a demand of a motorcycle and on failure to meet his demand, she was made to suffer mental as well as physical cruelty. For sometime, she tolerated all these sufferings just to keep peace in the family but the respondent did not desist from harassing her. The respondent continued giving merciless beatings to her. When all these facts were narrated by her to her parents, her father convened Panchayat with a view to make the respondent understand as well as his family members. Ultimately, in the month of June, 2010, she was turned out of matrimonial home. Since then, she is living with her parents. She suffered mental as well as physical cruelty at the hands of the respondent during the period of one year of her marriage with the respondent and now, it is not possible for her to live with him under one roof, he being an habitual drunkard and addicted to other intoxicants. Efforts made for reconciliation also could not fetch any fruitful result. Then, she was constrained to seek divorce.

(2.) IN response to the notice of the petition, the respondent appeared and resisted the petition. He filed written statement, controverting the allegations levelled in the petition alleging to be false and fabricated just to achieve her evil desire to get divorce and further enable herself to marry with some other boy, who could give handsome amount to her parents. It has been further alleged that the marriage was of the nature of exchange i.e. Adla Badli. The petitioner was married with the respondent and the sister of the respondent was married in village Beghpur @ Badhpur to Gandhra, who is the sister -in -law (Nanad) of the sister of the respondent. Such a custom is prevailing in the society of the parties to the' petition. It has further been alleged that the petitioner conceived child twice during her stay with him but got herself aborted without his consent and knowledge. She left the matrimonial home in the month of June, 2010 and after a short period of about 2 months, she preferred the divorce petition. He accordingly prayed for the dismissal of the petition.

(3.) RELIEF .