ASHOK KUMAR Vs. KIRAN

JUDGEMENT

(1.) THIS appeal has been filed by the appellant -husband against the judgment and decree dated 20.12.2013 passed by the trial court whereby the petition under Section 13 of the Hindu Marriage Act, 1955 (in short, "the Act") filed by the respondent -wife for dissolution of marriage on the ground of cruelty has been allowed.

(2.) A few facts relevant for the decision of the controversy involved as available on the record may be noticed. Marriage between the parties was solemnized on 21.1.2005 at Jalandhar according to Hindu rites and ceremonies. A male child namely Krish was born. Behaviour of the respondent was quite good for some time. During this period, parents of the appellant took all jewellery from the respondent to put it in a locker. They were not satisfied with the quantity and quality of dowry articles. After one month of marriage, they started quarrelling with the respondent on petty issues. His parents also instigated the appellant that the parents of the respondent had been settled in USA but they had not settled their son in law. In this way, the appellant started beating the respondent and putting pressure upon her to bring cash from her parents. When the respondent became pregnant, the appellant pressurized the respondent for her delivery in USA. Her condition was not good for delivery in USA but under pressure of the appellant, she had gone to USA for delivery so as to make base for settling him abroad. Even the family members of the appellant started demanding gifts from parents of the respondent. On one occasion, amount of Rs. 1 lac was given to the appellant. Still, on instigation of his parents, he gave beatings to the respondent and turned her out of the matrimonial house alongwith minor son. Later compromise was effected. As per compromise, the appellant and the respondent were to reside separately and he was required to give maintenance to her but the appellant resiled from the compromise. Rather he filed complaints before Anti Fraud Wings against the respondent and her family members. He also got the respondent arrested. Ultimately, the respondent filed petition under section 13 of the Act for dissolution of marriage on the ground of mental cruelty. Upon notice, the appellant appeared and filed written statement controverting the averments made in the petition. The trial court after appreciating the evidence on record allowed the petition filed by the respondent -wife vide impugned judgment and decree dated 20.12.2013. Hence the instant appeal by the appellant -husband.

(3.) THE trial court on the pleadings of the parties framed the following issues: - -