MINAKSHI Vs. SOMBIR

JUDGEMENT

(1.) THIS appeal has been filed by the appellant -wife against the judgment and decree dated 6.1.2015 passed by the trial court whereby the petition under Section 13 of the Hindu Marriage Act, 1955 (in short, "the Act") filed by the respondent -husband for dissolution of marriage on the ground of cruelty has been allowed.

(2.) A few facts relevant for the decision of the controversy involved as available on the record may be noticed. Marriage between the parties was solemnized on 28.4.2009 at Village Barsi, Tehsil and District Mohindergarh according to Hindu rites and ceremonies. After the marriage, both the appellant and the respondent resided together at Village Bigowa, Tehsil Charkhi Dadri, Dsitrict Bhiwani as husband and wife but no child was born. On the very first night after the marriage, the respondent husband felt that the behaviour of the appellant wife towards him was indifferent. She never wanted to marry in the village family. She told the respondent that her marriage had been performed against her wishes. She used to insult and humiliate the respondent and his family members. She used to quarrel on petty matters. The respondent tried to resolve the dispute many times but in vain. Finally, the appellant left her matrimonial home on 19.12.2009 without the consent of the respondent or his family members. Panchayat was held in December 2009 at the instance of the respondent but she refused to accompany the respondent and threatened him to involve all his family members in dowry case. FIR No.80 dated 14.2.2010 under Sections 498A, 406, 323/34 IPC was registered by the appellant against the respondent. The respondent was arrested and was also sent to jail where he was given beatings in the presence of the respondent and her family members at their instance. Ultimately, the respondent filed petition under Section 13 of the Act on the ground of cruelty for dissolution of marriage. Upon notice, the appellant appeared and filed written statement controverting the averments made in the petition. The trial court after examining the entire evidence on record allowed the petition filed by the respondent -husband vide impugned judgment and decree dated 6.1.2015. Hence the instant appeal by the appellant wife.

(3.) WE have heard learned counsel for the appellant -wife and perused the record. The trial court on the pleadings of the parties framed the following issues: -