JYOTI BALA Vs. LOKESH KUMAR

JUDGEMENT

(1.) Feeling aggrieved by the judgment and decree dated 28.9.2012 passed by the District Judge, Bathinda allowing the petition filed by the husband-respondent under Section 13 of the Hindu Marriage Act, 1955 (in short "the Act") for dissolution of marriage by a decree of divorce, the wife-appellant 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. In the divorce petition filed before the trial court, it was averred that the marriage between the parties was solemnized on 7.1.2008 at Lehra Mohabbat, District Bathinda according to Hindu Vedic rites and ceremonies. After the marriage, the parties lived together as husband and wife at Haily Mandi, Tehsil Pataudi, District Gurgaon and cohabited as such but no child was born. The parents of the appellant had concealed the fact that she was suffering from a serious disease of opri/chhaya bhoot pret and was under the influence of Dera Sacha Sauda. She was also suffering from disease of fit. She was unable to do any household work and was also having no sense of wearing clothes and used to do latrine and urine on the bed. On coming to know of this disease, the respondent called the parents of the appellant who told that she was having the said disease since the time of her childhood. The disease of the appellant could not be cured despite getting her treated from Babas and various hospitals. In December, 2008, the appellant was admitted in PGIMS, Rohtak and she remained admitted there for a week but could not be cured. She was discharged from the hospital by her parents in the absence of the respondent and his family members and took her to their village. They filed a complaint against the appellant and his family members in Women Cell, Bathinda on the false and frivolous allegations of dowry. However, a compromise was arrived at between the parties on 19.12.2008. On 26.9.2008, the appellant took away all her istridhan in the presence of relatives, friends and Incharge of Police Post, Haily Mandi and gave a writing to get the divorce by way of mutual consent from the court of law. Thereafter, the appellant and her family members became dishonest and started blackmailing the respondent and his parents to implicate them in a false case of dowry. Accordingly, the respondent filed a 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, it was pleaded that the the appellant was a very sensitive, educated and wise lady and the respondent was taking the benefit of his own wrongs. The respondent and his parents were greedy persons and they used to treat the appellant with cruelty for demand of more dowry and used to give severe beatings to her. On 25.9.2008, the respondent raised the illegal demand of dowry and on her showing inability, she was given severe beatings. She told all this to her parents and on 26.9.2008, her father visited the house of the respondent and took her with him to her parental house. Thereafter, she moved an application in the Women Cell, Bathinda, where the parties entered into a compromise on 19.12.2008 wherein the respondent assured and promised to return the dowry articles to the appellant. However, later on they resiled from the compromise. 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 court below framed the following issues:-

(3.) The appellant in support of her case, appeared as RW1 and tendered her affidavit as Ex.RW1/A. She also examined her father Bharat Singh as RW2 who furnished his affidavit Ex.RW2/A in the evidence. On the other hand, the respondent in support of his case besides examining himself as PW1, examined his father Shiv Kumar as PW2, who tendered his affidavit Ex.PW2/A in evidence, HC Amarjit Singh as PW3, Balwan Singh as PW4 and Dr. Hitesh Khurana, Professor, Psychiatry Department, PGIMS, Rohtak as PW5.