RAJ RANI @ RANI DEVI Vs. KARAM SINGH

JUDGEMENT

(1.) THE marriage between the parties was solemnized according to Sikh rites and ceremonies at village Shanti Nagar, District Kurukshetra on 3.5.2004. The marriage was consummated and from this marriage, the parties have two children namely Paras Saini and Manpreet Saini who were three years old and one and half years old at the time of filing the petition which was filed on 10.6.2008. Two brothers of the appellant namely Tek Chand and Ramesh Kumar also got married at the same time and on the same date with two cousin sisters of the respondent. Mother -in -law of the appellant died before the marriage between the parties. According to the appellant, her father -in -law on various occasions made attempts to develop undesirable relation with her. The appellant did not agree to this which became a source of tension for her. The appellant informed the respondent in this regard but he sided with his father. According to the appellant, the respondent was addicted to drinking and used to beat her mercilessly under the influence of liquor. Besides, the respondent did not provide her with food, clothes and medical expenses during the period she remained with him in her matrimonial home. Accordingly, the appellant filed the petition seeking divorce on the ground of cruelty.

(2.) THE respondent -husband contested the petition. It is pleaded by him that after marriage he was subjected to mental and physical cruelty. According to the respondent, the appellant used to quarrel with him daily on petty matters. Besides, she did not perform her marital obligations. She even refused to prepare meals, serve tea etc. for him, his family members and guests. She used to quarrel with him and his family members in the presence of guests as well. The respondent was also threatened by the appellant by stating that she would involve him in a criminal cases. Besides, she threatened to commit suicide. The appellant had left her matrimonial home without any sufficient cause and with her valuable clothes on 4.3.2008. Thereafter, she has not returned to her matrimonial home. The fact of marriage between the parties and the birth of two children is admitted. It is also accepted that the marriage was by way of an exchange as two cousin sisters of the respondent got married with two brothers of the appellant namely Tek Chand and Ramesh Kumar. It is denied that the father of the respondent ever made efforts to develop undesirable relation with the appellant. It is also denied that the appellant was subjected to cruelty by the respondent. The allegations of not providing food, clothes and medical expenses etc. during the period, the appellant remained in the matrimonial home have also been denied. It is prayed that the petition for divorce be dismissed with costs. No replication was filed by the appellant. The learned District Judge, Kurukshetra on 11.11.2008 framed the following issues: -

(3.) THE appellant aggrieved against the same has filed the present appeal in which notice motion was issued on 1.7.2010. On 31.1.2014, this Court fixed maintenance pendente lite payable by the respondent to the appellant. The respondent was ordered to pay a sum of Rs.5000/ - per month as maintenance to the appellant from 1.6.2011 onwards as the application was filed on 30.5.2011; besides, he was ordered to pay Rs.11,000/ - to the appellant as litigation expenses. The case was adjourned on 31.1.2014 to 26.2.2014. Learned counsel for the respondent put in appearance on the said date and prayed for time to seek instructions from the respondent regarding payment of arrears of maintenance fixed by this Court vide order dated 31.1.2014. On his request, the case was adjourned to