SANJAY KUMAR Vs. BHATERI

JUDGEMENT

(1.) The present appeal lays challenge to the judgment and decree dated 11.2.2012 passed by the Additional District Judge, Narnaul, whereby the petition filed by respondent-wife, Bhateri for dissolution of marriage of the parties under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as "the HMA") has been allowed and the marriage of the parties is dissolved by a decree of divorce. The facts relevant for disposal of the present appeal are that the parties entered into wedlock on 1.5.2001. As per averments of the petitioner-wife (respondent herein), she stayed in her matrimonial home for two days after marriage but the marriage was not consummated. She was maltreated by her husband and he never shared bed with her. She came back to her parental house and narrated her story. She was sent back to the matrimonial home after persuasion that the things may improve. During her stay in the matrimonial house, the respondent (appellant herein) never treated her as a wife. The appellant had not been coming to the house for many nights and if he came back to the house at night time, he came in a drunken condition and abused her. All efforts made by the respondent to make him understand, proved futile as he proclaimed that he had many girls in his life and in case the respondent wanted, she would be sent to his friends for sexual relationship. The respondent, on enquiry learnt that the appellant is a man of loose character and indulges in bad habits of drinking alcohol, consuming intoxicants and roams around here and there. She was given beatings by the appellant after consuming alcohol. She stayed in the matrimonial home for more than four years but the appellant did not mend his ways or cohabit with the respondent. She was turned out of the matrimonial home in June 2005 and since then she is living at her parental place.

(2.) The appellant filed reply, controverting the allegations of the petition and in turn, raised the plea that the respondent was given proper treatment during her stay with him. She told the appellant that she did not want to stay in the village and they should shift to a city. As he was unemployed and did not have any experience of city life, he could not accede to the illegal demand of the respondent. The respondent left the matrimonial home without any valid reason and took away jewellery and other articles of her Istridhan. She refused to come back to the matrimonial home despite his best efforts. He filed a petition under Section 9 of the HMA for restitution of conjugal rights which was decided in his favour without any contest by the respondent-wife but she did not return. All other material averments of the petition have been denied with a prayer for dismissal of the petition with costs.

(3.) The controversy between the parties led to framing of following issues by the learned trial Court:-