VINAY KUMAR Vs. MANJU RANI

JUDGEMENT

(1.) This appeal has been preferred by husband-Vinay Kumar against the judgment and decree dated 22.07.2014, passed by Additional District Judge, Chandigarh, vide which the petition for judicial separation instituted by wife-Manju Rani was allowed on the ground of cruelty.

(2.) The marriage between the parties was solemnized on 07.10.2008. Parties cohabited only for 2-3 days. It was averred that during those days husband behaved in cruel manner. He gave several beatings to the wife. His behaviour was beastly in nature. It was asserted that the wife was unable to bear the beastly acts of the husband as such she came back to her parental home and live with her parents for the last more than five years.

(3.) Husband filed a petition under Sec. 9 of the Hindu Marriage Act, 1955 (in short 'the Act') before District Judge, Hisar, but the same was dismissed as withdrawn vide order dated 20.04.2011. Thereafter, the wife had also filed a petition under Sec. 12 of the Act on 22.10.2009 which was dismissed as she was not able to prove the averments made in the petition. While petitioner-wife was at her parents' house, she was threatened by appellant-husband telephonically and many times he sent his friends in this context. As per wife, husband has caused reasonable apprehension in the mind of the petitioner-wife that it will be harmful and injurious for her to live with the husband. It is also the allegation against the husband that he has treated the wife with cruelty and gave beatings under intoxication. He has behaved with the petitioner-wife in inhuman manner and insulted her by every possible manner, using derogatory and ugly remarks against her and her parents.