MEENA RANI Vs. MADAN LAL

JUDGEMENT

(1.) APPELLANT -wife has filed this appeal against the decree of divorce, dated 29.11.1991, under Section 28 of the Hindu Marriage Act, 1955 (in short Act.) passed in favour of husband -respondent under Section 13(i)(ia)(ib) of the Act.

(2.) UNCONTROVERTED facts are that the parties were married on 14.04.1986. Thereafter, they lived together upto May 1987, according to the husband and upto 26.02.1988 according to the wife. Since then they are living separately.

(3.) THE appellant -wife resisted the petition and raised a preliminary objection about the maintainability of the petition on the count that she resided with the petitioner -respondent in the matrimonial home upto 26.2.1988 and since the petition is field on 7.8.1989 it is pre -mature. She interalia denied all the allegations of cruelty and desertion. According to her, husband his parents, brother and sister always taunted and tortured her for bringing less dowry. They started demanding Rs. 60,000/ - more on account of dowry and on that count she was turned out of the matrimonial home on 13.5.1986. On 23.5.1986, the respondent came to her parental home at Kharar and again insisted for the payment of Rs. 60,000/ -. After great deal of persuasion on several meetings he agreed to rehabilitate her and ultimately she went to her matrimonial home on 31.7.1987. But again on 26.2.1988 she was beaten by her husband and in -laws and was turned out of the house for not bringing Rs. 60,000/ -. All her dowry articles were retained by them. Even before marriage they demanded handsome dowry and suggested that she can raise loan for this purpose and can repay it from her salary after the marriage. Thus she took a loan and has repaid it within the knowledge of respondent -husband. She disowned that Roop Lal's incident took place at her instance. She also denied that her behaviour was insulting or harassing towards him or towards his relations, rather, she was tortured by them. Thus both the grounds of divorce are denied by her.