KRISHNA Vs. RAJINDER

JUDGEMENT

(1.) This appeal was filed assailing the judgment and decree dated 14.06.2008 passed by learned District Judge, Jind, dismissing HMA Case No.60 of 2007 under Section 13 of the Hindu Marriage Act, 1955 (in short "the Act of 1955") filed by appellant-wife Krishna @ Kalawati for dissolution of her marriage by a decree of divorce with respondenthusband Rajinder.

(2.) Precisely, the relevant facts which need elaboration are as under:-

(3.) The respondent contested the petition. He denied entire allegations of the appellant relating to demand of dowry by him and his family members as well as maltreatment/ physical assault on the appellant. He further denied that he had ever tried to administer poison to the appellant or had threatened to burn her alive in the event of nonfulfillment of his demands etc. Payment of Rs. 5,000/- to him by father of the appellant was also denied. According to him, he suffered mental problem and fell ill. During the period of his illness, the appellant left the matrimonial home without bothering for him. He took treatment and after he recovered, he made all efforts to bring the appellant back to the matrimonial home, but she and her family members flatly refused to do so. It was decided during the Panchayat meeting that the appellant will have no claim against him and if necessary they will take divorce through the Court of law. The written compromise was said to be with the Panchayat.