ROSHI Vs. SHER SINGH

JUDGEMENT

(1.) THIS appeal has been filed by the appellant-wife against the judgment and decree dated 5.10.1995 passed by the Additional District Judge, vide which the petition for divorce filed by the appellant-wife against the respondent-husband was dismissed.

(2.) THE facts, in brief, are that on 24.1.1995, the appellant-wife filed a petition under Section 13 of the Hindu Marriage Act, 1955 against the respondent-husband seeking dissolution of marriage by a decree of divorce. It was alleged that the marriage between the parties was solemnized in the year 1982 and that at the time of marriage, she was aged 6/7 years while the respondent was aged about 45 years. It was alleged that in May, 1992 the muklawa ceremony had taken place and the petitioner had gone to her matrimonial home and the parties lived together as husband and wife. It was alleged that the respondent was habitual to drinking liquor and poppy husk, and after the marriage, he started harassing the petitioner during her stay in her matrimonial home and he also gave her severe beatings and tortured her. It was alleged that the respondent tried to 'prostitute' her and she was not provided proper food and clothing. It was alleged that the respondent gave beatings to the petitioner and turned her out of the matrimonial home after retaining all the dowry articles and also warned that unless she would agree for prostitution, he would not keep her with him. It was alleged that thereupon, the parents of the petitioner had gone to the house of the respondent and at that time, the respondent confessed his guilt and assured them that in future, he would behave properly, whereupon the petitioner came back to her matrimonial home. However, the behaviour of the respondent remained the same and he continued mis-behaving with her and that the petitioner was given beatings by the respondent and he turned her out of the house in three clothes after removing all the ornaments worn by her. It was alleged that the respondent had given mental and physical cruelty to the petitioner and that further cohabitation with the respondent was harmful to the petitioner. It was alleged that since December, 1992 the petitioner was residing with her parents and the respondent had deserted her for a continuous period of not less than two years prior to the filing of the petition without any reasonable excuse. It was, accordingly, prayed that the marriage between the parties be dissolved by a decree of divorce.

(3.) THE petitioner filed replication. Various issues regarding cruelty and desertion were framed. Both sides led evidence.