KANTA DEVI Vs. SURESH

JUDGEMENT

(1.) THIS appeal is directed against judgment and decree dated February 15, 1988, whereby the Additional District Judge, Ambala, dismissed the Appellant's petition under Section 13 of the Hindu Marriage Act, 1955, for dissolution of her marriage.

(2.) THE petitioner, appellant herein, was married to Suresh respondent on May 9, 1985. She lived in the matrimonial house for about six months and then went to her parents' house staying there for about a couple of months. She again came back and lived for another period of about six months in the house of her husband. According to the petitioner, she was turned out of the house by the respondent and since then till the present day she has been living in the house of her parents. The cause for the break up, according to the petitioner, is that the respondent used to come late in the evening under the influence of liquor. He avoided sex with the petitioner and when the petitioner tried to get physically closer to the respondent, she was abused. During her second visit, the behaviour of the respondent worsened and when the petitioner happened to express a desire to have a new set of clothes, she was given a beating. Life for the petitioner was made fairly difficult in the matrimonial house and she was made to work like a labourer. The conduct of the respondent and other members of his family towards the petitioner was stated to be cruel. It was in these circumstances that the petitioner was forced to leave that house and take shelter in the house of her father.

(3.) IN the written statement, all material averments were specifically denied. It was, however, not disputed that the petitioner lived with the respondent for the initial about 5/6 months and after a break of a couple of months for another period of about six months. It was also alleged that the petitioner had gone away to her parents' house along with her brother on the pretext of seeing her relations on the parental side and while doing she had taken away all her ornaments and other valuable articles.