MUKESH Vs. SANDEEP

JUDGEMENT

(1.) Mukesh/wife instituted the petition for divorce on the ground of cruelty and desertion against her husband-Sandeep. The same was dismissed vide impugned judgment and decree dated 29.7.2011 rendered by Sh. Jagjit Singh, the then Additional District Judge, Fast Track Court, Rohtak. Against this judgment, the petitioner/wife has come up in this appeal before this Court.

(2.) Brief facts of the case are like this; that the parties got married in June 2003 at Village Sanghi. The marriage was duly consummated but no child was born out of this wedlock. As per the petitioner/wife, after marriage, she came to know that her husband is a man of criminal nature and cruelty against wife is part of his personality. In all respects of husband-wife relations, instead of treating wife with love and affection, he will instil fear in her mind and demand obedience. On smallest lack of obedience on the part of the petitioner/wife, he gave threats to shoot her. As per the petitioner/wife, she never felt easy and free of tension any moment in the company of her husband. In November 2004, one day the respondent/husband came late at night. The petitioner/wife was in deep sleep. The respondent gave beatings to her on the point as to why she did not remain awake till his return. When she protested, he put country made pistol on her temple and threatened to shoot her. As per the petitioner/wife, she stayed at the house of her parents most of the time during the period of last 5 years of her marriage whereas the respondent/husband remained in jail or an absconder. As such, she has been suffering not only physical and mental cruelty at the hands of her husband but also suffered desertion. She was deprived of pleasure of her marital life. She never enjoyed pleasure of her married life with the respondent/husband rather she remained only under fear and deprivation. The respondent/husband has deserted her for the last 3 years for no fault on her part. Under these circumstances, the present appeal was instituted.

(3.) On the other hand, the respondent/husband contested the petition denying each allegation of the petitioner/wife. It was specifically denied that he is a man of criminal nature or that cruelty against wife is part of his personality. As per the case of the respondent/husband, he never treated the petitioner with cruelty. He always treated her with love and affection. He never gave any threat to her life. It was also denied that she did not enjoy his company or that she never felt easy or free of tension. The entire incident of November 2004 was also specifically denied alleging that the aforesaid story of the petitioner/wife is false and concocted. It was also denied that the wife remained in the house of her parents most of the time during the last 5 years.