VIJENDER SINGH Vs. PARVEEN DEVI

JUDGEMENT

(1.) This is an appeal against the judgment and decree dated 28.2.2014 rendered by District Judge (Family Court, Bhiwani whereby the petition for divorce on the ground of cruelty and desertion instituted by husband-Vijender Singh was dismissed with costs.

(2.) The marriage between the parties took place on Nov. 18, 2000. According to the husband, the marriage was simple. A male child, namely, Aman was born out of this wedlock on 19.11.2002. However, the behaviour of the wife was abnormal during her stay in the matrimonial home. The husband also took the plea that wife might be a patient of schizophrenia. The husband was living in joint family at Village Ramayan, Tehsil Hansi, District Hisar. The wife insisted and pressurised him to live separately from his parents. She had been creating scenes on each and every day, even in the presence of neighbours and relatives. In order to keep harmony in the family, the husband separated from the joint family on 19.11.2002. It was further pleaded that the wife continued her rude behaviour up to Jan., 2009 i.e. the day when she finally left the society of the husband without any reasonable cause. As per the husband, in Nov., 2007, he shifted from Village Ramayan to Hisar as wife used to quarrel with the wife of the landlord without any cause. She had created compelling circumstances which led to vacation of their house of Village Ramayan in the month of Jan., 2010. The husband joined the services in the HDFC Bank at Hisar in the month of Feb., 2007. As per the husband, on many occasions wife came in the premises of HDFC Bank, Hisar and created scenes in the presence of employees. As a result, the services of husband were terminated. The husband came on the road. The wife made complaint against the husband twice before the Police but the police found the allegations of the wife as false. Finding it difficult and impossible to live with wife under one roof, husband knocked the door of the Court seeking dissolution of marriage on the two counts i.e., cruelty and desertion.

(3.) As per the case of wife, husband and his family members were not satisfied with the dowry given to her from the very beginning of the marriage. They started taunting, harassing, humiliating the wife for bringing insufficient dowry. They also used to give her beatings. The husband had turned out the wife from her matrimonial home every now and then. However, with the intervention of relatives and members of Panchayat each time the matter was patched up, After the birth of the child, the situation became worse and the husband wanted to get rid off the wife and the child. Many complaints/litigations are pending between the parties. Parents of the wife convened Panchayat many times and tried to pacify the husband and his family members but they refused to take the wife till their demands of dowry were fulfilled. Under these compelling circumstances wife is living with her parents. All other allegations of the husband were controverted.