RAJ KUMAR Vs. SUNITA

JUDGEMENT

(1.) The husband who suffered a decree of divorce granted under Section 13 of the Hindu Marriage Act, 1955 at the instance of his wife has challenged the same in the present appeal.

(2.) The respondent-wife has alleged in her petition that the appellant married her as per Hindu rites and rituals on 30.10.1998. Though sufficient dowry was given by the parents of the respondent, there was a demand for dowry. The respondent was humiliated and subjected to cruelty and harassment from time to time. Her father gave 50,000/- to the appellant yielding to the demand of dowry. But the appellant and his family members were avaricious and subjected the respondent to mental and physical cruelty. She was also beaten up mercilessly from time to time. Thereafter, the father of the respondent paid a sum of Rs. 70,000/- towards demand of dowry made by the appellant. Ultimately, the respondent was turned out from the matrimonial abode. The respondent has prayed for dissolution of marriage by granting a decree of divorce on the ground of cruelty.

(3.) The appellant-husband stoutly denied the allegation of demand of dowry made by the appellant and his family members. It is alleged that the respondent was a hot tempered woman. The respondent had developed illicit relationship with one Beda Singh. The appellant denied the allegation found in the petition that the father of the respondent paid a sum of Rs. 50,000/- and thereafter a sum of Rs. 70,000/- as demanded by the appellant and his family members. It is alleged that the respondent left her matrimonial home on her own accord. The appellant has submitted that the petition deserves to be dismissed.