REKHA Vs. PARAS

JUDGEMENT

(1.) THE trial Court records have been received. On second call, no one has appeared for the appellant.

(2.) THE marriage between the parties was solemnised as per Hindu rites and ceremonies at Village Alewa, Tehsil and District Jind on 20.01.2005. From the marriage, the parties had a son, namely, Sawan. The respondent - husband on 24.12.2013 filed a petition under Section 13 of the Hindu Marriage Act, 1955 ('Act', for short) seeking dissolution of the marriage between the parties interalia alleging that the behaviour of the appellant wife was very cruel towards him and his family. She never cooked food (meal) for the respondent husband and his family in time; besides, her character was not good. She was alleged to be involved in adultery with another person in Panipat. The said fact was in the knowledge of the mother of the appellant. The appellant, it is alleged, generally remained out of the house for 2 -3 days. In this respect, a family Panchayat was convened. The mother of the appellant, the respondent husband residents of Kheri Gulam Ali were present in the Panchayat. The appellant in the said Panchayat admitted her guilt. However, in spite of best efforts of the Panchayat, the appellant continued to commit adultery. She had left her matrimonial home on many occasions without informing the respondent husband. She made false excuses that her mother was ill and she has gone to her house. In the absence of the respondent husband on 27.04.2011, the appellant left her matrimonial home. She, according to the respondent, took all her valuable clothes, jewellery and cash of Rs.80,000/ - which were collected by the respondent for construction of the house. In this respect, the respondent lodged an application with the Superintendent of Police, Kaithal and the Station House Officer, Police Station Siwan. Due to the said acts, the image of the respondent had got damaged. In this manner, the appellant caused cruelty to the respondent. The respondent got a government job with the Haryana Government in the year 2007 and he tried his best to keep the respondent and always fulfilled all her demands. However, the appellant always insulted him and his parents without any cause. As such, it became impossible for the respondent husband to reside in the company of the appellant as she failed to change her cruel and rude behaviour. All the chances of re -conciliation had also been foiled. Now, there was no hope of continuing the said marriage and there was no remedy with the respondent except to file the petition for divorce.

(3.) ON notice, the appellant filed her written statement. It was pleaded by her that the petition of the respondent husband was not maintainable in the present form. The respondent and his family members in fact were greedy persons. They demanded Rs.50,000/ - in cash. Sister of the respondent (Jethani of the appellant) demanded a gold ring from the appellant. The appellant was sent to her parents' home to bring the same but when she did not bring the same and came back to her matrimonial home, then the respondent and his family members got furious and gave her a merciless beating. The respondent on the instigation of his family members stated that in case the appellant did not bring cash of Rs.50,000/ - and a gold chain for his sister -in -law, then he would not allow the appellant to live in the matrimonial home and he would solemnise a second marriage with some other girl. It was pleaded that the respondent had no locus standi to file the petition and there was no cause of action against the appellant. The parties had a son, namely, Sawan, on 4.8.2008. The mother of the appellant came at her matrimonial home on the occasion of birth of son. At that time, the husband's sister (Jethani of the appellant) demanded Rs.50,000/ - and a gold chain. The mother of the appellant informed her that she was not in a position to fulfil their illegal demands. On this, she was given a merciless beating. It is alleged that the respondent had illicit relations with his sister -in -law (Bhabhi) and she was caught red handed in the house of the respondent husband. The jurisdiction of the Court to try the petition was also denied. The fact of marriage between the parties is admitted. It is stated that an amount of Rs.2 lacs was spent in the marriage and sufficient dowry was given. It is alleged that the family members of the respondent were quarrelsome persons and they demanded more and more dowry. No Panchayat was ever convened by the respondent. Rather the parents of the appellant conveyed Panchayats many a times to settle the dispute. However, due to cruel attitude of the respondent and his family members, the appellant was compelled to leave her matrimonial home. She never took any valuable articles, jewellery or cash from her matrimonial home. The petition was wrong and denied. Replication to the written statement of the appellant was filed by the respondent husband in which the allegations for demand of gold ring and Rs.50,000/ - were denied. The allegations made by the appellant in her written statement were denied and those in the petition were reiterated. On the pleadings of the parties, the learned trial Court framed the following issues: -