REKHA Vs. MUKESH

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant wife against the judgment and decree dated 8.8.2006 passed by the trial court, whereby the petition filed by the appellant -wife under section 13 of the Hindu Marriage Act, 1955 (in short, "the Act") for dissolution of marriage on the ground of cruelty has been dismissed.

(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 solemnised on 20.6.2002 at Village Datauli, Tehsil Ganaur, District Sonipat according to Hindu rites and ceremonies. After the marriage, they lived together as husband and wife at the house of the respondent at Panipat where the marriage was consummated but no issue was born out of the wedlock. As alleged in the petition under Section 13 of the Act by the appellant -wife, from the very beginning, the respondent and his family members started harassing and humiliating her for not bringing sufficient dowry. Ultimately, they turned her out of the matrimonial home within a week of the marriage. The appellant filed petition for dissolution of marriage on the ground of cruelty on 28.7.2004. Upon notice, the respondent appeared and filed written statement controverting the averments made in the petition. According to the respondent, without getting divorce, the appellant contracted second marriage with Jagminder Singh of Village Chhoti Kasandi, Tehsil Gohana, District Sonepat on 6.6.2004 for which the respondent filed a complaint under sections 494/495 IPC. When she came to know of this complaint she filed petition under Section 13 of the Act. The trial court after examining the entire evidence on record dismissed the petition vide judgment and decree dated 8.8.2006 impugned herein. Hence the instant appeal by the appellant wife.

(3.) WE have heard learned counsel for the parties and perused the record. From the pleadings of the parties, the trial court framed the following issues: -