VIJAY KUMAR Vs. SUMAN ALIAS PRITAM DEVI

JUDGEMENT

(1.) HUSBAND -appellant has filed this appeal under Section 28 of the Hindu Marriage Act, 1955 (in short, the Act) against the judgment delivered by Shri S. C. Aggarwal, Additional District Judge, Gurdaspur, in Hindu Marriage Act Case No. 53 of 1989, filed under Section 9 of the Act.

(2.) UNCONTROVERTED facts of the case are that the parties were married on December 6,1987. In this wedlock the respondent gave birth to a son on February 27,1989. They lived together in the matrimonial home at village Babowal upto March 30,1989. Since then they are living in their parental homes.

(3.) THE respondent in her reply controverted the alleged facts. She averred that since the inception of the marriage, the appellant was maltreating her. He and his parents were not satisfied with the dowry. They demanded dowry not only in the shape of articles like television and scooter, but the appellant also demanded Rs. 20,000/- for house repairs. She asked her parents but they were unable to satisfy their lust for dowry. She denied that she ever demanded separate residence for herself with the appellant. The appellant used to lock her in a room and did not give her food for a number of days. He levelled false allegations of unchastity and immorality against her and used to beat her even when she was pregnant. Due to this continuous maltreatment and cruelty", she was forced to write letters to her father. When her child was only a month old, she was again beaten and was turned out of the house: The child was snatched away from her and she was forced to leave the house in bare wearing apparel. Her dowry articles and ornaments were kept back by the appellant. On September 9,1989, at about 7 a. m. the appellant accompanied by his mother and two strangers came to her parental home and tried to forcible take away the child. When she resisted, she was beaten by the appellant. She got herself medically examined. When she was living in the matrimonial home, respectales from her village alongwith Lakhbir Singh Sarpanch came to her matrimonial home and they told the appellant to behave with her properly. Now she is not willing to join the appellant as she apprehends danger to her life.