RAJBIR Vs. MUKESH

JUDGEMENT

(1.) APPELLANT Rajbir alias Kala (hereinafter referred to as 'the husband') has filed this appeal against the decree of divorce granted by Additional District Judge, Rohtak, on the petition filed by respondent herein Smt. Mukesh (hereinafter referred to as 'the wife') under Section 13 of the Hindu Marriage Act.

(2.) THE marriage between the parties was solemnised in the year 1993 according to Hindu rites and ceremonies. No issue was born out of this wed-lock. The wife sought divorce on the ground of cruelty. It was alleged by the wife that from the very inception of the marriage, the behaviour of the husband and the members of his family was cruel towards her. It was further averred that the husband has two brothers and all the three brothers are addicted to intoxicants and drugs. Under the influence of intoxicants, the husband used to beat the wife with the help of his two brothers and mother. After six months of the marriage, she was turned out of her matrimonial home. Thereafter, the matter was settled with the intervention of the respectables of the village and the wife was again sent to the matrimonial home. For some time, the wife was kept properly but thereafter, the husband and his family members again started abusing and harassing the wife saying that she was barren. It was alleged that family members of the husband hatched a conspiracy to eliminate her. When she came to know about the said fact, she had escaped from her matrimonial home in the month of April, 1997. When the matter was not settled, the divorce petition was filed by her.

(3.) ON the pleadings of the parties, the trial court framed issue to the effect as to whether the husband has treated the wife with cruelty so as to entitle her for a decree of divorce. On that issue, both the parties led their respective evidence. In support of her claim, the wife examined herself as PW1 and her father Pehlad as PW2. On the other hand, the husband examined Chander as RW2 and Hazari as RW3, both residents of the village and Bijender Singh, a photographer, as RW4. He himself appeared as RW1.