PAWAN KUMAR Vs. GOLDY

JUDGEMENT

(1.) BEING aggrieved by the judgment and decree dated 3.2.2014 passed by the Additional District Judge, Narnaul, whereby the petition filed under Section 13 of the Hindu Marriage Act, 1955 (in short "the Act") by him for dissolution of marriage by a decree of divorce was dismissed, the appellant -husband has approached this Court by way of instant appeal.

(2.) SANS unessential, the facts relevant for adjudication of the present appeal as narrated therein may be noticed. The marriage of the parties was solemnized on 24.4.2004 as per Hindu rituals and customs at village Nehrugarh, Tehsil Kosli, District Rewari. The marriage was consummated and out of the said wedlock, one female child, namely, Amarjyoti was born on 27.5.2005. Marriage of Suresh Kumar, the elder brother of the appellant was also solemnized with the elder sister of the respondent, namely, Pinki on the same day. Their relations became strained as Pinki was having illicit relations with some third person and she had become pregnant before her marriage. She aborted her pregnancy. The brother of the appellant had not made any physical relation with his wife and after ten days of the marriage, Pinki returned to her parental house. However, the respondent continued to live in her matrimonial home. Pinki had moved an application before the Women Cell, Rewari regarding harassment on account of demand of dowry in which they were summoned. In the month of January 2006, on the eve of Sakrant festival, the brother of the respondent took her on the pretext to attend a function of engagement of his sister in their family. After one week, the appellant visited the village Nehrugarh to bring the respondent but the father of the respondent refused to send her with him with the condition that until and unless the matter of Pinki is settled he would not send the respondent. Thereafter, the appellant along with his father and relatives visited the house of the respondent to bring her back but they refused to send the respondent and even Pinki had refused to live with Suresh. The appellant made efforts to maintain his matrimonial relation with the respondent but she had been deserting him since January 2006 without any reasonable cause or excuse. The respondent in collusion with her elder sister Pinki got FIR No. 94 lodged on 30.5.2008 under Sections 498 -A, 406, 34 of the Indian Penal Code which is pending consideration. Besides this, a petition under Section 125 of the Code of Criminal Procedure was moved which is also pending. 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. It was pleaded that the appellant had turned her out of the matrimonial house. The marriage of her sister had also been consummated with the brother of the appellant and she had become pregnant. However, the brother of the appellant and his family members administered medicines due to which she had come in depression and this led to her abortion. After settlement before the Women Cell, Pinki had gone to her matrimonial home. The appellant and his family members demanded motorcycle, cash and put a condition to convince her family members for divorce to Pinki otherwise they would not maintain her as a wife. On 31.5.2005, the appellant and his family members had beaten her on account of non -fulfilment of their demand of dowry and she was turned out from her matrimonial home. The respondent and her father made efforts to convince the appellant and his family members for bringing back the respondent but they refused to maintain her. The other averments made in the petition were denied and a prayer for dismissal of the same was made. From the pleadings of the parties, the trial court framed the following issues: -

(3.) IN support of his case, the appellant examined himself as PW1, Bihari as PW2, Munshi Ram as PW3 and Balwan as PW4. On the other hand, the respondent examined herself as RW1 and Pratap Singh as RW2.