SANJEEV KUMAR Vs. KAMNA DEVI

JUDGEMENT

(1.) CM No.2559-CII of 2015

(2.) The relevant facts garnered from the record are as under:

(3.) The respondent contested the petition. In the written statement filed by her the primary objections raised were with regard to the maintainability of the petition in the present form; concealment of true and material facts by the petitioner, cause of action, estoppel etc. Replying on merits the respondent admitted the inter-se relationship of the parties. She also admitted that they had two daughters but vehemently denied all allegations levelled against her by the appellant. She submitted that after marriage she resided with the respondent at village Sehla, District Ambala for a short period and then in the year 2001, the entire family of the appellant including her shifted to Sadhaura, District Yamuna Nagar. Though she adjusted herself in the environment of in-laws family, but she was tortured and ill treated by them. The appellant, being in army, remained posted at various places and in his absence his family members treated her with utmost cruelty for bringing insufficient dowry. They forced her to bring a car from her parents and often gave her beatings for not fulfilling their demand. They wanted to get rid of her and remarry the appellant with some other girl in their relation. On many occasions her parents gave cash amount to the appellant but that did not satisfy him. She denied that any untoward incident had taken place when she was living in the company of the appellant. She also denied that she had ever refused to perform her marital obligations or that she was ever medically examined or the doctor had opined that she was suffering from schizophrenia. According to her she continued to bear all the atrocities committed on her and lived with the petitioner and his family. In March 2011, the parents and sister-in-law(Bhabi) of the appellant gave her merciless beatings and left her at Shastri Nagar, Saharanpur. In April, 2011 in the presence of the Panchayat the parents of the petitioner assured to keep and maintain her cordially and peacefully and brought her back to the matrimonial home at Sadhaura. Denying all other allegations of the appellant the respondent prayed for dismissal of the petition.