HARVINDER KAUR Vs. MODAN SINGH

JUDGEMENT

(1.) APPELLANT wife has come in appeal against the dismissal of her divorce petition filed under Section 13 of Hindu Marriage Act, 1955 (in short 'the Act' ).

(2.) THE appellant has alleged that she was married to the respondent on January 26,1988 at village Rogla. Thereafter, they resided in village Dirba. No child was born out of this wedlock. Her parents spent money over and above their capacity, but instead, the respondent and his parents were not satisfied with the dowry. On account of this, they started maltreating her. Sometime, she was beaten by the respondent. They also disliked her as she is a woman of short stature. The respondent started demanding Rs. 20,000/- or Motor Cycle. Three/four times, she came to matrimonial home, but every time, she was beaten by her husband. The respondent is alcohol addict and has other vices also. Physical torture was given to her. Her father brought panchayat on 7th May, 1988 and made a request to rehabilitate her, but after their departure on 10th May, 1988 she was beaten and was turned out of the matrimonial home by the respondent. Since then, she is residing in her parents' house. Though, her father made several efforts for effecting rehabilitation, but to no avail. Hence, on the ground of cruelty, she has prayed for a decree of divorce.

(3.) THE parties adduced evidence in support of their pleas. After weighing the evidence on record, the Trial Court came to the conclusion that the petition wife has failed to prove the ground of cruelty. Hence, her petition was dismissed.