NISHA RANI Vs. ASHOK KUMAR

JUDGEMENT

(1.) THIS appeal has been filed by the wife against the judgment and decree dated 21.8.2013 passed by the Additional District Judge, Bathinda, whereby the petition filed by the husband under Section 13(1) of the Hindu Marriage Act, 1955 (in short "the Act") for dissolution of marriage by a decree of divorce was allowed.

(2.) THE facts, in brief, necessary for adjudication of the present appeal as narrated therein may be noticed. The instant petition has been filed with the averments that the marriage of the parties was solemnized on 24.4.2008 at Bathinda according to Hindu Vedic rites and ceremonies. After the marriage, the parties resided together as husband and wife at Maur Mandi, District Bathinda and consummated the marriage. Out of the said wedlock, one child, namely, Devansh was born who at presently is residing with the appellant. The appellant was a quarrelsome lady and started harassing and humiliating the respondent and his family members. She showed disrespect and disregard to the parents of the respondent. She used to spend lavishly the hard earned money of the respondent. The appellant under the influence of her parents pressurized the respondent to live separately and to transfer ownership of the house in her name. Even the appellant threatened the respondent and his family members to falsely involve in criminal cases if they did not toe her line. In the month of May, 2008, the appellant along with her minor son went to her parental house with her brother and promised to come back after some days. She also took away all her gold ornaments and other valuables and cash of Rs. 10,000/ -. When the appellant did not return back after considerable time, the respondent went to her parental house to bring her back but she flatly refused to accompany him. The respondent also convened a Panchayat to take her to the matrimonial home but to no avail. In November, 2008, the respondent filed a petition under Section 9 of the Act for restitution of conjugal rights which was withdrawn on 12.10.2009. The appellant filed a criminal complaint under Sections 406, 498 -A, 506, 323, 109 of the Indian Penal Code against the respondent and his family members. The respondent filed divorce petition under Section 13 of the Act on 20.11.2009. However, in the said proceedings, the parties compromised the matter. As per the said compromise, the respondent was to pay a total sum of Rs. 3 lacs as permanent alimony including past, present and future maintenance. Thereafter, the divorce petition under Section 13 of the Act filed on 20.11.2009 was withdrawn and a joint petition under Section 13 -B of the Act was filed on 28.1.2012. The respondent paid Rs. 1,25,000/ - to the appellant at the time of statement of first motion and the balance amount of Rs. 1,75,000/ - was to be paid at the time of second motion statement. On 6.8.2012, when the case was fixed for recording of statement on second motion, the appellant made a statement that she did not want to take divorce by mutual consent even after receiving a sum of Rs. 1,25,000/ - as part payment of permanent alimony. The trial court vide judgment dated 6.8.2012 dismissed the petition as infructuous filed under Section 13 -B of the Act. During the stay of the parties, the appellant treated the respondent with cruelty. Accordingly, the respondent filed the petition under Section 13 of the Act for dissolution of marriage by a decree of divorce. The said petition was contested by the appellant by filing a written statement. Besides raising various preliminary objections in the written statement, it was pleaded that the respondent agreed to pay a total sum of Rs. 8,25,000/ -, i.e. Rs. 1,25,000/ - towards the arrears of interim maintenance awarded by the Chief Judicial Magistrate, Bathinda vide order dated 24.4.2010 at the rate of Rs. 2000/ - per month (Rs. 1000/ - p.m. for the appellant and Rs. 1000/ - p.m. for the minor child); Rs. 3 lacs as lump sum amount for the appellant, Rs. 2 lacs as lump sum amount for the minor child and Rs. 2 lacs paid to him in cash at the time of marriage. The respondent also failed to return the dowry articles given at the time of marriage and had only paid Rs. 1,25,000/ - towards arrears of interim maintenance. It was further alleged that on 29.1.2009, the appellant gave birth to a son but the respondent and his family members had not come to see the child. The other averments made in the petition were denied and a prayer for dismissal of the petition was made. From the pleadings of the parties, the trial court framed the following issues: -

(3.) THE trial court on appreciation of evidence led by the parties, decided issue No. 1 in favour of the respondent holding that the appellant treated the respondent with cruelty as she had levelled the allegations without any supporting evidence. Issues No. 2 was decided in favour of the respondent holding that the appellant had deserted him without any sufficient cause as she was ready to live with the respondent with the condition that she would not reside in the joint family. Issues No. 3 and 4 were decided against the appellant. Accordingly, the trial court vide judgment and decree dated 21.8.2013 passed a decree of divorce in favour of the respondent. Hence, the present appeal by the wife.