OM PARKASH ALIAS O P Vs. NEERU BALA

JUDGEMENT

(1.) THIS appeal has been filed by the appellant -husband against the judgment and decree dated 18.3.2013 passed by the District Judge, Sirsa, whereby the petition filed by the respondent -wife 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.) SANS unessential, the facts relevant for disposal of the instant appeal as narrated therein may be noticed. The marriage between the parties was solemnized on 1.12.2002 in accordance with Hindu rites and ceremonies at Sirsa. The parents of the respondent had spent a sum of Rs. 5 lacs in the marriage. After the marriage, the parties lived together as husband and wife and cohabited as such at Fazilka, District Ferozepur and out of the said wedlock, two children, namely, Himanshu and Lavish were born. The children are residing with the respondent. After the marriage, the appellant and his parents were not satisfied with the dowry articles given in the marriage and they started taunting her for bringing inadequate dowry. They used to harass and humiliate her and used to turn her out of the matrimonial home after giving beatings. She came back to the matrimonial home with the intervention of panchayat. In September, 2003, the respondent was having pregnancy of seven months and on her asking for ornaments, she was given beatings by the appellant. On 27.11.2003 she was turned out of the matrimonial home and she gave birth to a child in her parental house. After one month of the birth of child, a panchayat was convened wherein the appellant and his family members assured that they would not harass the respondent. However, in April, 2004, the brother of the respondent took her at her matrimonial home. Her parents had given gold ornaments to the appellant on the occasion of birth of child. After few days, the appellant and his family members again started harassing and humiliating the respondent. On 7.2.2006, in the panchayat convened at Fazilka, the appellant had again assured not to consume liquor and not to misbehave with the respondent. The parents of respondent gave gold ornaments and clothes to the appellant and his family members on the occasion of birth of a second child on 18.5.2006.

(3.) TO prove the averments made in the petition, the respondent herself appeared as PW1 and tendered into evidence her affidavit as Ex.PW1/A. She also examined her brother Manish as PW2 who tendered into evidence his affidavit Ex.PW2/A and Parveen as PW3 who also tendered his affidavit as Ex.PW3/A.