SUMAN Vs. GAJENDER

JUDGEMENT

(1.) Delay of 7 days in refiling the appeal is condoned.

(2.) This appeal has been filed by the wife against the judgment and decree dated 16.9.2014 passed by the Additional District Judge, Family Court, Gurgaon whereby the petition filed by the husbandrespondent under Section 13(1)(ia) and (ib) of the Act for dissolution of marriage by a decree divorce, was allowed.

(3.) Briefly stated, the facts necessary for adjudication of the instant appeal as narrated therein may be noticed. The marriage between the parties was solemnized on 21.4.2007 at village Sikanderpur Badha, Tehsil and District Gurgaon according to Hindu rites and ceremonies. As per the averments made in the petition, the appellant refused to consummate the marriage on the very first night, i.e. on 22.4.2007. When the respondent entered in the bed room, the respondent had already prepared two separate beds and she did not permit him to approach her. She also threatened him to commit suicide in case he tried to force himself upon her. After some time, the respondent again approached the appellant but she refused to cohabit with him and declared that she did not want to be pregnant and was not ready to enjoy sex despite her capability and willingness of the respondent. When he tried to coax her, she started shouting and abusing him and called her parents telephonically. In the presence of all family members, she humiliated the respondent by levelling false allegations that he had tried to force upon her. On the next day, the parents of the appellant approached the respondent in his office and threatened his family with dire consequences. They took away the appellant to their house. The respondent approached the parents of the respondent after a week to take her back but the father of the appellant refused to send her. After some days, the respondent and his family again approached the appellant and persuaded her to return to her matrimonial home. On return, the appellant complained of being sick and wanted to be treated from the doctor in her own village. She refused to take medical aid from any other doctor. She did not perform any household chores. On her insistence for visiting her village doctor, the respondent took her there. On reaching the village, she refused to go to the doctor without visiting her family. At her house, she claimed that she was alright and not sick and wanted to stay with her parents for a few days. The respondent then returned back to his home. On the next day, on the occasion of Karvachauth, the brother of the appellant approached the respondent with customary gifts but there was an altercation between them and they refused to send back the appellant. During the entire period of their married life, the appellant never cohabited with the respondent. She had taken away all her jewellery and other valuables including those gifted to her by the respondent's family. All the efforts to settle the matter had failed but she had returned at the instance of the panchayat. She refused to join the company of the respondent or to consummate the marriage with him. The respondent brought this fact to the notice of her mother but her mother and brother took her away on the pretext of resolving the matter. She stayed there for a few months. She was again left in the matrimonial house in 2009 by her father and some others but once again she returned to her parental house after few days. She had only stayed in her matrimonial house for about 15 days in all and during this period, her behaviour was rude and cruel towards every one. Even the respondent and his family members were involved in criminal case bearing FIR No. 259 dated 29.10.2010, registered under Sections 406, 498-A, 506/34 of the Indian Penal Code at Police Station Kherki Daula. She also filed a petition under Section 125 of the Code of Criminal Procedure. Accordingly, the respondent filed a divorce petition. The said petition was contested by the appellant by filing a written statement. Besides raising various preliminary objections, it was pleaded that sufficient dowry was given at the time of the marriage. The respondent and his family members used to harass and humiliate her as they were dissatisfied with the dowry given to them. It was pleaded that the respondent had illicit relations with someone else and whenever she objected to the said relationship, she was given beatings in the presence of his family members. It was further pleaded that her father convened a panchayat and under pressure of the panchayat, she was accepted back on 3.9.2010 but was again thrown out on the following day after being beaten. 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 court below framed the following issues:-