SATYAWATI ALIAS SAVITRI Vs. CHANDI PARSHAD

JUDGEMENT

(1.) THIS appeal has been filed by the wife Smt. Satyawati alias Savitri, challenging the judgment and decree dated 7.6.1996 passed by Additional District Judge, Fatehgarh Sahib, vide which marriage between the parties was dissolved by a decree of divorce.

(2.) THE facts in brief are that on 19.3.1993, Chandi Prasad (husband) filed a petition under Section 13 of the Hindu Marriage Act (hereinafter referred to as the Act) against his wife Suit. Satyawati seeking dissolution of marriage by a decree of divorce. In the petition, it was alleged that the parties were married in October, 1980 and that after the marriage, the parties lived together as husband and wife for 8-9 years but no child was born. It was alleged that the wife was hot tempered lady and used to pick up quarrels with the husband on petty matters during her stay with him and used to use filthy and insulting language and her behaviour towards him and his family members was not cooperating. It was alleged that site left the matrimonial home a number of times without intimation to the husband and her behaviour remained cruet towards him and his family members. It was alleged that on 18.6.1992, when her brother and her sister along with her husband had visited their house, she raised quarrel with him and his relatives and her relatives also supported her and they all gave beatings to him and also maltreated him and thereafter, she went to the CRPF Jawans and brought 8-9 Jawans with her and they all gave merciless beatings to him and he remained admitted in the Civil Hospital, Fetehgarh Sahib from 19.6.1992 to 25.6.1992 on account of the injuries caused to him by his wife, her relations and CRPF persons, who were under her influence. It was alleged that when he was in the hospital, his wife left the matrimonial home on the very first day, without bothering for his health and without taking care of him and she left the matrimonial home alongwith all the gold jewellery etc. It was alleged that the various efforts made by him to lodge the report with the police against his wife, her relations and CRPF Jawans proved futile and only D.D.R. No. 14 dated 28.6.1992 was recorded in the Police Station. In the written statement filed by the wife, various allegations were controverted and it was alleged that she had never maltreated him. With regard to the allegations of 18.6.1992, site denied that her brother, her sister and sister's husband had visited her in their house or that on that day they had quarreled with her husband. On the other hand, it was pleaded that in fact, on 18.6.1992 her husband after taking liquor had started giving beatings to her and when she ran out of the house, her husband followed her even outside the house and gave her beatings in the presence of persons, who had collected there, whereupon those persons while saving her gave beatings to her husband. It was alleged that the police arrived at the spot and took him to the Police Station and that being scared, she immediately left for her parent's house. Other allegations levelled against her were also denied.

(3.) I have heard the learned counsel for the parties and perused the record carefully.