MOHIT MALHOTRA Vs. SWATI

JUDGEMENT

(1.) THIS appeal has been preferred by the husband against the judgment and decree dated 1.11.2014 passed by the District Judge, Family Court, Sonipat, whereby the petition filed by the wife under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (In short "the Act") for dissolution of marriage by a decree of divorce, was allowed.

(2.) A few facts necessary for disposal of the instant appeal as narrated therein may be noticed. The marriage of the parties was solemnized on 28.1.2008 at Gohana. After the marriage, the parties lived together as husband and wife and cohabited as such. Out of the said wedlock, a daughter, namely, Diksha was born on 10.11.2008. According to the respondent, the appellant was guilty of various cruelties caused to her and she had every apprehension in her mind that it would be harmful and dangerous to her life if she continued to live in the company of the appellant. Before the marriage, the appellant told that he was earning a lot as he was a partner in Sehgal Automobiles firm and had also the agency of Honda Scooters. His father was an officer in Public Health Department of Government of Haryana. At the time of marriage, sufficient dowry and cash was given to the appellant and his family members. After a day of the marriage, the appellant started taunting regarding insufficient dowry and quality of dowry articles. The appellant and his family members started pressurizing the respondent to bring more cash and washing machine from her parents. Even the mother of the appellant started taunting the respondent that she had not given birth to a male child. On 10.11.2008 at the time of birth of the daughter, the appellant and his family members started harassing and humiliating the respondent on one pretext or the other and kept on causing cruelty to her and they made her life a hell. At the time of opening ceremony of the newly constructed house of the parents of the respondent, the appellant and his family members were invited on 2.11.2009 but on 3.11.2009 when the respondent went back to her matrimonial home, they showed their dissatisfaction about the same. The appellant gave severe beatings to her with hockey stick and when she did not stop weeping, he again gave her beatings in the presence of his parents. In the night, she gave a call to her parents and told about the episode and in the next morning her parents came to the house of the appellant but he and his family members misbehaved with them by hurling abuses. The parents of the respondent were told by the appellant and his family members that they have no concern with the respondent and that they were free to remarry her elsewhere. On 3.11.2009, the respondent was turned out of her matrimonial home. She lodged a complaint under Sections 498 -A, 406, 506 of the Indian Penal Code at Police Station Gohana and the appellant and his parents felt sorry and a compromise was arrived at between the parties. Thereafter, a joint petition under Section 13 -B of the Act for divorce by mutual consent was filed by the parties on 19.7.2010 and their statements were recorded on the same day. However, the said petition was withdrawn by the appellant on 15.4.2011 without any cause. Accordingly, the respondent filed a petition under Section 13 of the Act for dissolution of marriage by a decree of divorce. The said petition was resisted by the appellant by filing a written statement. Besides controverting the averments made in the petition, it was pleaded that the respondent had left the society of the appellant on 15.6.2009 without any reasonable excuse leaving behind her minor daughter, namely, Diksha. The appellant requested her to join his company but to no effect. He was still ready and willing to take back the respondent to her matrimonial home. The houses of the parents of the respondent and that of the appellant were situated in one street and both the parties were neighbours and they knew very well about the financial status of each other. According to the appellant, the respondent received a sum of Rs. 2,65,000/ - from him for filing mutual divorce petition but he was not ready for mutual divorce keeping in view the welfare of his minor daughter. The prayer for dismissal of the divorce petition was made. From the pleadings of the parties, the trial court framed the following issues: -

(3.) THE trial court on appreciation of the evidence led by the parties, decided issue No. 1 in favour of the respondent holding that the appellant had treated her with cruelty, mental as well as physical and, therefore, she was entitled to dissolution of marriage on this ground. Accordingly, the trial court vide judgment and decree dated 1.11.2014 allowed the divorce petition and dissolved the marriage between the parties by a decree of divorce. Hence, the present appeal.