SANTRO DEVI Vs. VIRENDER KUMAR

JUDGEMENT

(1.) THE instant appeal has been filed by the appellant -wife against the judgment and decree dated 1.10.2008 passed by the Additional District Judge, Kaithal, whereby the petition filed by the respondent -husband 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.) SHORN of unnecessary details, the facts relevant for adjudication of the present appeal as narrated therein may be noticed. The marriage between the parties was solemnized on 15.1.1996 at village Kurar according to Hindu rites and ceremonies. The marriage was duly consummated but no issue was born out of the said wedlock. After the marriage, the behaviour of the appellant was of unbecoming of a wife and she was under the influence of her parents and kept on insulting the respondent and his family members. She left the matrimonial home with her brother after five days of the marriage and did not return thereafter. However, in June, 1996, she joined the company of the respondent on the repeated requests of the respondent and his parents but her behaviour worsened and she started humiliating them on petty matters. She had been disrespectful towards the elders in the family and used to refuse to prepare meals. Even she insulted the appellant in the presence of the guests. Whenever she was asked to prepare tea, she used to say "teri maa baithi hai usi se banwa le main teri naukar nahi hun." In the month of October, 1996, the brother of the appellant visited the house of the respondent and when he was apprised about the behaviour of the appellant, he became furious and threatened to shoot if any one made complaint about his sister. On 22.10.1996, the appellant was taken by her brother on the pretext that her mother wanted to see her and also for karva chauth festival but she did not turn up thereafter. The respondent approached the family members of the appellant along with Mewa Singh and Ajmer Singh but he was pushed out by her brother. Thereafter, the appellant got registered an FIR No. 133 dated 12.3.1997 under Sections 323, 406, 498 -A, 506 of the Indian Penal Code, Police Station Kalayat against the respondent, his parents and his sister and her husband. In the said case, the sister and brother -in -law of the respondent were discharged whereas the respondent and his parents were acquitted by the trial court vide judgment dated 6.5.2006. She filed a petition under Section 13 of the Act for divorce on 13.8.1998 on the ground of cruelty and the said petition was allowed by the trial court. On appeal by the respondent, this Court vide judgment dated 23.4.2003 set aside the judgment and decree passed by the trial court holding that the husband had not caused any cruelty to the wife, against which the appellant filed SLP No. 9471 of 2003 before the Supreme Court and the same was dismissed vide judgment dated 7.4.2005. She also filed a petition under Section 125 of the Code of Criminal Procedure in 1997 in which she was granted maintenance at the rate of Rs. 500/ - per month. The appellant contracted a second marriage on 31.12.2000 with one Kartar Singh son of Oma, resident of village Manana, Tehsil Smalkha, District Panipat despite the stay order passed by this Court in the appeal filed by the respondent against the judgment and decree passed by the trial court. The criminal complaint filed by the respondent against the respondent under Section 494 of the Indian Penal Code was pending adjudication before the trial court. The appellant had also deserted the respondent since 22.10.1996 and had not joined him during all these years. Accordingly, the respondent filed a petition under Section 13 of the Act for dissolution of marriage by a decree of divorce. Upon notice, the said petition was resisted by the appellant by filing a written statement. Various preliminary objections were raised therein. It was pleaded that the behaviour of the respondent had been cruel towards the appellant and he used to demand dowry and torture her for not bringing sufficient dowry. She also lodged an FIR against the respondent in this regard. She was shunted out from the matrimonial home just after five days of the marriage. The parents of the appellant convened a panchayat where the respondent agreed to keep her but the attitude and behaviour of the respondent and his family members remained unchanged and ultimately she was again turned out of the matrimonial home after giving beatings. Thereafter, she filed a divorce petition which was allowed by the trial court and the appeal filed by the respondent before this Court was allowed against which the SLP filed by her was dismissed by the Apex Court. The other averments made in the petition were denied and a prayer for dismissal of the same was made. The respondent filed replication controverting the averments made in the written statement. From the pleadings of the parties, the trial court framed the following issues: - -

(3.) RELIEF ."