BOHTI DEVI Vs. KARMA

JUDGEMENT

(1.) Appellant/petitioner had filed these two appeals i.e. F.O.A. Nos. 98-M of 1991 and 99-M of 1991 titled as "Bhoti Devi v. Karma" against the judgments and decrees passed by the Lower Court in HMA Case No. 15 of 1991 (Petition under Section 13 of the Hindu Marriage Act for the dissolution of marriage by way of divorce) and HMA Case No. 16 of 1991 [Petition under Section 27 of the Hindu Marriage Act (hereinafter referred to as the Act) for the return of dowry articles given at the time of marriage].

(2.) Admittedly, the appellant-petitioner was married to respondent on 19.6.1982 at village Barwa, Tehsil Thaneswar, District Kurukshetra according to Hindu rites and ceremonies. Respondent resides in village Nand Karan Majra, Tehsil and District Kaithal. It is also an uncontroverted fact that there is no issue of this wedlock.

(3.) Appellant/petitioners contention is that the respondent is a drunkard by habit and under its influence he used to beat the appellant. On the very first night, he beat her. He tried to commit unnatural offence with the petitioner, to which she declined that is the main reason for the cruel behaviour of the respondent. In the past eight years of her married life, whenever she went to her matrimonial home, she was beaten by the respondent and was turned out of the house. For the last time, the petitioner was turned out from the matrimonial home by the respondent in the month of the December, 1989 and since then, the petitioner is residing in the parental home. Her father tried for their reconciliation, through a Panchayat, but in vain. At the time of marriage and afterwards also certain articles were given to her in dowry (which are detailed in the petition filed under Section 27 of the Act). The petitioner is deprived of the enjoyment of these Articles and she was turned out of the house. Hence these petitions are filed under Section 13 of the Act on the ground of cruelty with a prayer for decree of dissolution of marriage and under Section 27 of the Act, she has prayed that these articles be returned to her.