KRISHAN LAL Vs. JASWINDER KAUR

JUDGEMENT

(1.) THIS appeal has been filed by the husband against the judgment and decree dated 28.10.2014 passed by the Additional District Judge, Kurukshetra, whereby the petition filed by the wife under Section 13 of the Hindu Marriage Act, 1955 (in short "the Act") for dissolution of marriage by a decree of divorce, was allowed.

(2.) SANS unessentials, the facts necessary for adjudication of the present appeal as narrated therein may be noticed. The respondent -wife filed a divorce petition, inter alia, pleading that the marriage of the parties was solemnized on 12.12.2009 at Kurukshetra according to Hindu rites and ceremonies. After the marriage, both the parties resided together as husband and wife at village Shadipur and cohabited as such. However, no child was born out of the said wedlock. The behaviour of the appellant and his family members was very cruel towards the respondent and they used to quarrel with her on petty matters. The appellant at the instance of his parents, used to give merciless beatings to the respondent. The father of the respondent had spent more than Rs. 7/8 lacs on the marriage and had given sufficient dowry articles including the motorcycle but the appellant and his family members were not satisfied with the dowry articles and they started demanding car and a gold chain. In the first week of March, 2010, the father of the respondent paid a sum of Rs. 70,000/ - to the appellant and his family members for gold chain but in spite of that, their behaviour remained rude and cruel towards her. Thereafter, the parents of the respondent again gave Rs. 1.5 lacs in the month of September, 2010 to the appellant and his parents but still they did not mend their ways. In the second week of January, 2011, the respondent was turned out from her matrimonial home by the respondent and his family members after giving merciless beatings to her. She got lodged FIR No. 351 dated 24.4.2011 under Sections 406, 498 -A of the Indian Penal Code at Police Station, Model Town, Panipat against the respondent and his family members. Even the appellant with the help of his brother committed rape with Ms. Parvinder Kaur, younger sister of the respondent and also gave injuries to her and a complaint in this regard was also filed before the Superintendent of Police, Kurukshetra, however, no action was taken. Upon notice, the appellant contested the divorce petition by filing a written statement. Besides raising various preliminary objections, it was pleaded that he was ready and willing to keep the respondent in his house as his wife but the respondent refused to join his company. The respondent had left the company of the appellant of her own. The other averments made in the petition were denied and a prayer for dismissal of the petition was made. From the pleadings of the parties, the trial court framed the following issues: - -

(3.) RELIEF ."