NEELAM Vs. RAVINDER KUMAR

JUDGEMENT

(1.) FEELING aggrieved by the judgment and decree dated 1.6.2013 passed by the District Judge (Family Court), Bhiwani, whereby the petition filed by the respondent -husband under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 (in short "the Act") for dissolution of marriage by a decree of divorce was allowed, the appellant -wife has approached this Court by way of instant appeal.

(2.) A few facts necessary for adjudication of the present appeal as narrated therein may be noticed. The marriage between the parties was solemnized on 2.12.2007. No child was born out of the said wedlock. According to the averments made in the divorce petition, the temperament of the appellant was different towards the respondent and his family members and she could not adjust herself in the matrimonial home. She was under the influence of her parents to whom she used to visit without informing the respondent and his family members. On 13.2.2008, the brother of the appellant took her to the parental house without the wishes of the respondent and while leaving the matrimonial home, she took all her golden, silver ornaments and istridhan. In March, 2008, the respondent went to bring her back but she and her parents abused him and gave beatings. The panchayats were convened a number of times to return to her matrimonial home but she flatly refused. She also got lodged FIR No. 81 dated 24.5.2008, under Sections 406, 498 -A of the Indian Penal Code against the respondent and his family members. However, they were acquitted vide judgment dated 12.1.2011. 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 resisted by the appellant by filing a written statement. Besides raising various preliminary objections, it was pleaded that the behaviour of the respondent and his family members was rude and unfair towards the appellant. From the very first day of the marriage, they were not satisfied with the dowry and they started harassing and humiliating her. They also demanded Rs. 50,000/ - from the appellant and on her refusal, she was beaten and was forced to call her parents. When the father and brother of the appellant came at her matrimonial home on 13.2.2008, the respondent and his family started quarrelling with them and she was turned from the matrimonial home along with her father and brother after snatching all her golden, silver ornaments and istridhan. Against the judgment of acquittal dated 12.1.2011, she filed a criminal revision which is pending in this Court. The other averments made in the petition were denied and a prayer for dismissal of the same was made. From the pleadings of the parties, the trial court framed the following issues: -

(3.) WHETHER the petitioner is estopped by his own act and conduct from filing the present petition? OPR