MAYA DEVI Vs. BIR SINGH

JUDGEMENT

(1.) This appeal is filed by the appellant - wife challenging the judgment dated 5.6.2003 passed by the then Additional District Judge, Faridabad whereby the divorce petition filed by the husband (now respondent) was allowed.

(2.) The marriage between the parties was solemnised in March, 1976 after which they resided in Village Sihi. Out of this wedlock, one female child was born on 1.10.1980 and one male child was born on 5.7.1984. The parties were residing separately since 26.8.1989. The husband sought dissolution of marriage on the ground that from the beginning, the behaviour of the wife was cruel towards him and his other family members and she used to pick up quarrel on petty matters. She started pressurising him to live separately from the family. She did not take proper care of the children and used to leave the matrimonial home frequently without informing him. In 1988, one Rajbir Singh, a friend of the respondent came to their house in whose presence, the present appellant- wife abused and slapped him. This act was repeated by her on 15.8.1999 when one Chhattar Singh had visited them. To wreak vengeance on the husband, she got a false criminal case registered in Police Station Sadar Ballabgarh by way of FIR No.259 dated 8.6.1998 for the offences under Sections 323, 506, 498-A and 406 Penal Code. The husband was arrested. Thereafter, she lodged a false complaint before the Deputy Commissioner and other authorities and also made a statement before the District Revenue Officer, Faridabad on 16.10.1998 levelling scandalous allegations against him. She deserted the respondent - husband and the children on 26.8.1989.

(3.) The appellant- wife denied the allegations of the husband and alleged that he and his family members were greedy persons and used to torture and humiliate her for bringing insufficient dowry. She used to respect her husband, his family and bowed before their wishes. She was made to live in fields at the tubewell whereas her husband was residing in the city. No incidents of insulting or slapping the husband took place as alleged. He used to treat her badly and used to beat her. She was thrown out of the house in June 1998.