JYOTI Vs. MOHIT

JUDGEMENT

(1.) AGGRIEVED by the dismissal of the petition under Section 13 of the Hindu Marriage Act, 1955 praying for divorce on the ground of cruelty and desertion, the appellant -wife Jyoti has preferred the present appeal against her husband.

(2.) IN nutshell, the averment in the petition filed by appellant Jyoti is that the appellant and the respondent were not blessed with any child out of their marriage that took place on 25.6.2007. The respondent, his uncle and aunt used to demand dowry from the appellant and her parents as they were not satisfied with the dowry given at the time of marriage. They maltreated the appellant for not giving gold chain to the mother and aunt of the respondent, gold ring to the uncle of the respondent and gold earrings to the sisters of the respondent. All of them tortured the appellant for not bringing luxury car and cash amount to the tune of Rs. 11 lacs. The respondent and his family members taunted the appellant saying that she was not beautiful as she was dark complexioned. The respondent also pressurized her to bring a sum of Rs. 10 lacs from her father for purchasing a flat at Dwarka (Delhi). On her refusal, the respondent gave her severe beatings. Anjali, cousin of the respondent, who was the member of AMWAY pressurized the appellant through the respondent to bring a sum of Rs. 15 lacs for investment in the said company and on her refusal, the cousin of the respondent pressurized the respondent to get rid of the appellant and perform second marriage. Due to physical and mental torture given by the respondent and his family members, the appellant fell ill in the month of June, 2008 and was admitted to Max Hospital, Gurgaon on 13.5.2008. During that period, the respondent never cared for her. The respondent also used to threaten to kill her brother Abhinav. On 13.6.2008, when the appellant refused to accede to the demand of Rs. 11 lacs from her father, the respondent created a scene and started beating her. When she shouted for help, neighbours came and rescued her form the clutches of the respondent. The respondent also deserted the appellant on 13.6.2008 without any reasonable excuse. A criminal case under Section 498 -A, 406, 323 and 506 IPC was also filed by the appellant against the respondent. Having thus alleged, the appellant sought for divorce on the ground of cruelty and desertion.

(3.) THE trial Court having framed the issue as to whether the appellant was entitled to a decree of divorce on the grounds as mentioned in the petition, examined the appellant as PW1 and her father Baldev Singh as PW2 on the side of the appellant and the respondent as RW1, returned a finding that the appellant failed to establish the alleged cruelty committed by the respondent.