VIJAY Vs. DAYAWANTI

JUDGEMENT

(1.) BY this judgment, the aforementioned two FAOs shall be disposed of. Vijay -husband has filed a petition for divorce on the ground of cruelty against Dayawanti -wife. The aforesaid petition was dismissed by Shri Satish Ahlawat, the then Ld. Additional District Judge, Hisar, vide judgment and decree dated 22.08.2003.

(2.) DAYAWANTI -wife has instituted a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act (for short the Act') against her husband -Vijay, which was allowed by Shri Satish Ahlawat, the then Ld. Additional District Judge, Hisar, vide judgment and decree dated 22.08.2003.

(3.) BRIEF facts of both the cases are like this; that the parties got married on 29.06.1993. No issue was born out of this wedlock. As per Vijay -husband, Dayawanti -wife treated him with cruelty, causing great apprehension in his mind that it is harmful and injurious for him to live with her. Husband alleged cruelty against the wife like this; that wife is a high -tampered lady; used to hurl filthy and abusive words (kuttakamina); she was not doing house -hold work. She left matrimonial home several times without his permission and was brought back by convening Panchayat. She even called bad names to the husband and his family members in public. Once, she even locked -up his parents in a room and did not provide them food for 24 hours. His father even disowned him by making a declaration in the news paper on 13.06.1999. She left the matrimonial home in January, 2001 and made a false complaint to the police at Hisar. The matter was compromised to the effect that the wife would not live with the parents of the husband but would live at Jaipur. Accordingly, they started living at Jaipur in a rented room. They live there for 5 days. However, Dayawanti -wife left Jaipur without his permission and came to Hisar. As per desire of wife, Vijay -husband took a house at Surya Nagar, Hisar on rent. Even then, she had taken all the dowry articles from the aforesaid house declaring that she was not happy to live with the husband and also threatened him as well his family members to implicate them in a false case. She also declared in the Panchayat that her marriage was performed against her wishes and under the pressure of her family members. It is also the allegation of the husband that the wife always avoiding to sleep with him. Whenever, he tried to sleep with her, she used to give beatings and abused him, thereby, causing mental and physical cruelty to him. In January 2002, wife filed a false complaint against him and his family members. In response to that complaint, police called him in the police station where wife insulted him and his parents.