INDRA BHARDWAJ Vs. RAJESH BHARDWAJ

JUDGEMENT

(1.) THE present appeal lays challenge to the judgment and decree dated 7.2.2009 passed by the Additional District Judge, Gurgaon whereby the petition under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955 for dissolution of marriage of the parties by a decree of divorce, filed by the respondent -husband has been allowed.

(2.) THE marriage of the parties was solemnized on 1.7.1994 at Gurgaon according to Hindu rites and ceremonies. Two children namely Baby Bhavika and Master Garv were born out of the wedlock on 14.2.1996 and 9.10.2000 respectively. At present, both the children are in custody of the appellant -wife.

(3.) THE appellant filed the written statement, in turn, denied all the allegations accusing her being guilty of cruelty and desertion. It is averred that the respondent and his parents harassed and maltreated her from the very beginning. Her mother -in -law had taken all the cash and jewellery from her soon after the marriage. She was humiliated on the pretext that she had not brought a car from her parents and she had no right to sit in the car. Her mother -in -law pressurized her to seek share in the property of her (appellant's) father and threatened that in case she would not take a share in her father's property, she would not give her anything. At the time of pregnancy, she was subject to emotional and mental torture and was not given proper diet and attention. She has vehemently denied the allegations that she left the matrimonial home on 15.2.2003 with the averments that she lived with the respondent up to 17.1.2006 when she was thrown out of the house by saying that 'he wanted the divorce'. It has further been pleaded that the respondent in the garb of going to see his parents at Gurgaon at weekends used to meet one Sangeeta Bagchi with whom he has illicit relations. She had seen them in compromising position in a car at various occasions and for that reason also the respondent used to torture her. She has stated that she is ready to live with the respondent even if he had illicit relations with Sangeeta Bagchi and further prayed for dismissal of the petition.