SHIV KUMAR Vs. KANCHAN @ RAVI

JUDGEMENT

(1.) DISSOLUTION of marriage between the parties on the ground of cruelty as well as desertion under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act') vide judgment and decree dated 31.7.2012 passed by the District Judge, Fatehgarh Sahib in favour of respondent -wife Kanchan @ Ravi (hereinafter referred to as 'the wife') is under challenge by the appellant -husband Shiv Kumar (hereinafter referred to as 'the husband') in this appeal.

(2.) THE wife had claimed that the husband was not only a "man of bad habits and was addicted to liquor and intoxicants and also indulged in gambling" but was also cruel to her, as he was maltreating, humiliating and beating her quite often. It was also averred that he was unmindful of requirements of the daughter born out of the wedlock and had polluted the family atmosphere by consistent demands of dowry in the shape of a motorcycle and cash amount of Rs.20,000/ -. Inability to fulfill such demands had resulted in repeated instances of her beating up at his hands and the matter had remained unresolved despite convening of community Panchayat to settle the issue; the husband had remained adamant on his demands. It was claimed by the wife that she had been given severe beatings on 29.5.2005 by the husband as also by other members of his family but he had managed to escape to her parental house, where right from that time, she was residing with her daughter at the mercy of her mother.

(3.) GIVING account of the developments which took place after her arrival in the house of her parents on 29.5.2005, she has claimed as under: