MUNESH DEVI Vs. ASHOK KUMAR

JUDGEMENT

(1.) HAVING lost before the District Judge, Rewari in a petition filed under Section 13 of the Hindu Marriage Act, 1955 (in short "the Act) for dissolution of marriage by a decree of divorce, the wife -appellant has approached this Court by way of instant appeal challenging the judgment and decree dated 27.1.2009.

(2.) PUT shortly, the facts necessary for adjudication of the present appeal as narrated therein may be noticed. The marriage of the parties was solemnized on 3.7.1998 at village Basduda according to Hindu rites. The marriage was consummated and a male child, namely, Govind was born on 13.5.2001 out of the said wedlock. The expenses of the delivery were borne by the father of the appellant. The respondent had not seen the child and had neglected to maintain him. The respondent and his family members were greedy persons and they treated the appellant with cruelty on account of demand of dowry. Two sisters of the appellant were also married with the brothers of the respondent at the same time. In July, 1998, the respondent and his family members had thrown out all the dowry articles brought by the appellant. The respondent stated that after killing the appellant, he would get himself remarried in a rich family. She was confined in a room for whole night and was not provided with meals. However, she escaped with difficulty and told the incident to her parents and others. Even on the eve of Raksha Bandhan, the appellant was not allowed to go to her parental house. On 14.1.2000, on the eve of Makar Sankranti, the father of the appellant came to her matrimonial home but he was not allowed to see her. She was given beatings by her mother -in -law along with Luxmi Devi and Kushan Devi on 15.10.2000. They were talking about setting her on fire so that the respondent could be remarried with a serving girl as he was a qualified mechanic. She secretly escaped from the matrimonial home and saved her life. She lodged a criminal case under Sections 498 -A, 406, 323, 506 of the Indian Penal Code at Police station Khola against the respondent and his family members. She had not condoned the act of cruelty of the respondent and that he had deserted her from the year 2000, even though he obtained a decree for restitution of conjugal rights under Section 9 of the Act and had neglected to maintain her. Accordingly, the appellant filed a petition under Section 13 of the Act for dissolution of marriage by a decree of divorce. The said petition was contested by the respondent by filing a written statement. Besides raising various preliminary objections, it was pleaded that he had obtained a decree under Section 9 of the Act and the appellant out of her own will and without any reasonable excuse was living at her parental house. He was ready and willing to keep her with him as his wife. He had been keeping the appellant properly but she left her matrimonial home without any reasonable cause. The other averments made in the petition were denied and a prayer for dismissal of the same was made. Since the respondent had failed to pay the maintenance pendente lite and litigation expenses, his defence was struck off by the trial court vide order dated 14.5.2008.

(3.) THE trial court on appreciation of evidence led by the appellant dismissed the divorce petition vide judgment and decree dated 27.1.2009 holding that the appellant had failed to prove that the respondent had treated her with cruelty or had deserted her. Hence, the present appeal.