RAJ KISHORE Vs. MANJU

JUDGEMENT

(1.) The appellant -Raj Kishore being aggrieved of the dismissal of his petition under Sec. 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') by the learned Additional District Judge, Rewari, vide judgment and decree dated 13.6.2011, has preferred this appeal.

(2.) Brief facts as delineated in the petition under Sec. 13 of the Act are that marriage between the parties was solemnized on 11.5.2006 at village Dhaki Bandra, Tehsil Kishangarh, District Alwar (Rajasthan), according to Hindu rites and ceremonies. The parties lived at their matrimonial home at village Raipur District Rewari after marriage and were blessed with a daughter on 12.6.2007. It was pleaded that the respondent -wife left the matrimonial home on 3.7.2007 after the birth of their daughter. Despite best efforts on the part of the appellant, the respondent did not return to her matrimonial home. When efforts were being made for reconciliation, the respondent demanded a sum of Rs. 1 (one) lac along with agricultural land, owned by the appellant's father, to be transferred in her name. The respondent further threatened that in case her demands were not met she would first kill their daughter, then commit suicide and involve the appellant's entire family in criminal proceedings. It was averred that the respondent had deserted the appellant since 3.7.2007. Furthermore, for the period she resided with the appellant, the respondent used to tease the petitioner as well his parents and on one occasion demanded a mangalsutra from the appellant. When he expressed his inability to purchase the same the respondent was infuriated and tried to hang herself from the ceiling fan but was saved on hue and cry raised by the appellant's mother. The appellant thus prayed for dissolution of marriage on the grounds of cruelty and desertion.

(3.) The respondent -wife while admitting the factum of marriage between the parties refuted all the allegations of cruelty and desertion on her part. It was stated that in reality it was the appellant and his family who treated the respondent with cruelty. Continuous demands of dowry were raised and when they were not fulfilled, the respondent was beaten and food was also not provided to her. The respondent was beaten on 10.7.2008 and thrown out of the matrimonial home along with their daughter. A complaint was filed against the appellant in this regard at Police Station Tijara (Rajasthan). Subsequent to this complaint, the petitioner tendered a written apology duly signed by witnesses on 15.7.2008 (Ex. RW1/B). The respondent was brought back to the matrimonial home on the assurance of respectables of the area. During her stay with the appellant, the respondent conceived another child but was compelled to abort the same on being pressurized by the appellant and his family members. The respondent along with their daughter was left at her parental house on 10.9.2009 by the appellant on the ground that until and unless she brings a motorcycle and Rs. 50,000/ - she would not be permitted to live with him. Thereafter, the respondent being driven to the wall filed a complaint against the appellant under Ss. 498 -A/ 406/313 IPC. It was thus prayed that the petition under Sec. 13 of the Act filed by the husband be dismissed. A replication to the written statement was filed by the appellant re - asserting his averments and controverting those of the written statement. The learned trial Court on the basis of the pleadings of the parties framed the following issues: -