(1.) THE appeal has been filed by the appellant -wife against the judgment and decree dated 28.07.2010 passed by the learned Additional District Judge, Yamuna Nagar at Jagadhari whereby her petition under Section 13 of the Hindu Marriage Act, 1955 ('Act' -for short) seeking dissolution of the marriage between the parties by a decree of divorce on the ground of cruelty has been dismissed.
(2.) THE marriage between the parties was solemnized according to Hindu rites and ceremonies in the presence of relatives and 'biradari' (brotherhood) with the help of Uthan Society, a NGO, in 1998. The marital status of the parties was that they both were unmarried before the solemnization of their marriage. From the marriage, they had a daughter namely Bhawna who was aged 8 years and a son namely Tushar who was aged about 5 years at the time of filing the petition for divorce by the appellant -wife, which was filed on 15.05.2008. The appellant did not have a father and her marriage was performed by her mother with the help of Uthan Society. Simple household articles were given by the said Society. The mother and other relatives of the appellant gave other necessary household articles like bed, chairs and other articles including jewellery etc. The same were entrusted to the respondent and his family members. Other relatives of the appellant also gave valuable clothes, other articles and cash at the time of festivals from time to time as also at the time of the birth of the children. In this manner, sufficient dowry articles amounting to Rs. 1.00 lac were given to the respondent with the assurance that the same would be given by the respondent and his family members to the appellant on demand for her use as and when required. After marriage, the parties resided at Guru Nanak Pura, Jagadhri, District Yamuna Nagar and they cohabited as husband and wife. According to the appellant, the attitude of the respondent and his family members was harsh towards heR.He raised a demand of Rs. 25,000/ - in cash and also a motorcycle. The appellant expressed her inability to fulfill this illegal demand. Due to this, the respondent at the behest of his mother started ill -treating and misbehaving with heR.The respondent started beating the appellant without any fault on her part. Her in -laws used to instigate the respondent so as to compel her to bring an amount of Rs. 25,000/ - from her parents. The respondent inflicted merciless beating to the appellant and kept her hungry. The respondent, it is alleged, also started misappropriating the household articles and he spent the money on drinking and gambling. When the appellant protested against the acts of the respondent, she was turned out of the matrimonial home many a times. However, each and every time, the respondent felt sorry and assured the family of the appellant that he would keep her with love and affection. Thereafter, he also misbehaved and taunted her on the demand for more and more dowry. At the time of birth of the children, the family of the appellant as per their custom gave ornaments for the child and valuable clothes for the respondent and for his parents and other near relatives. About a year earlier to the filing of the petition, the respondent turned the appellant out of the house without any fault on her part. She was asked to fulfill their demand of dowry; besides, also threatened that she will not be allowed to live with them without fulfilling their demand of dowry. She was turned out in three bare clothes with the children. Thereafter, the family of the appellant convened a 'panchayat' of the respectable persons of the 'biradari' (brotherhood) and common relatives. The respondent was also present in the meeting of the 'panchayat'. He, however, totally refused to keep and maintain the appellant and her children. Since the last one year from the filing of the petition, the appellant was living with her widowed mother under hunger and starvation at the mercy of God. In this manner, it is alleged that the respondent had spoiled the life of the appellant and her children. About 10 days earlier to the filing of the petition, when the family members of the appellant were not at home, the respondent came to their house and snatched the minor son namely TushaR.In this manner, the daughter of the parties namely Bhawna was residing with the appellant and the minor son namely Tushar was residing with the respondent. The appellant submitted an application before the local police and also moved applications to the high ups but no action had been taken till the time of filing the petition.
(3.) ON the pleadings of the parties, the following issues were framed by the learned trial Court: -