INDU BALA Vs. VIPIN SHARMA

JUDGEMENT

(1.) The present appeal lays challenge to the judgment and decree dated 14.10.2009 passed by the Additional District Judge, Yamuna Nangar at Jagadhri whereby the petition filed by the appellant under Sec. 13 of the Hindu Marriage Act 1955 (in short 'the Act') for a decree of divorce has been dismissed.

(2.) The facts relevant for disposal of the present appeal are that marriage of the parties was solemnized on 05.10.2003 and a son was born out of their wedlock on 25.09.2004. The appellant prayed for a decree of divorce on the ground that she was subject to maltreatment, abuse and torture on account of demand of dowry despite the fact that every demand and wish of the respondent and his family members was satisfied at the time of marriage. On 11.10.2004, she was given beatings by the respondent on the pretext that her father failed to give a car and an amount of Rs. 1 lac in cash, demanded by the respondent. On 07.09.2005, she was given merciless beatings by the respondent on instigation of his family members for failure of her parents to meet the aforesaid demand. The father of the appellant paid Rs. 50,000/ - to the respondent on 10.09.2005 and as a result, behaviour of the respondent and his family members improved temporarily. She was again giving beatings by the respondent on 07.12.2005. The appellant reported the matter to the police, a Panchayat was convened where the respondent and his family members confessed their guilt in writing and gave an undertaking to keep the appellant properly. Her agony and misery further increased as she gave birth to a female child on 04.07.2006. The respondent and his family members started cursing her for having brought ill luck. The respondent made an additional demand of money for installing expeller in the mill owned by him. The father of the appellant arranged Rs. 50,000/ - and gave it to the respondent on 25.11.2007. The respondent was still not satisfied and gave merciless beatings to the appellant. The matter was again reported to the police on 10.12.2007 and the dispute was settled as the respondent and his family members confessed their guilt. The behaviour of the respondent turned from bad to worse and beatings became a matter of routine. A day before filing of the petition, the appellant was given beatings. When her parents intervened, the respondent and his sister openly declared that the appellant will not be kept in the matrimonial home till their demand was fulfilled.

(3.) The respondent filed the written statement and in turn denied the allegations that either any demand of dowry was made or the appellant was harassed or maltreated on account of demand of dowry. The parties were residing happily in village Khajuri with parents of the respondent but the parents of the appellant started interfering and on their instigation, the appellant started demanding separate residence. She called her parents and uncle, who threatened that either he should reside separately with the appellant at Yamuna Nagar, otherwise they would take the appellant to their home and implicate him in false cases. He was given beatings on his refusal to accept demand of separate residence at Yamuna Nagar. He got treatment from Civil Hospital, Naharpur and the matter was reported to the police but the same was not pursued as the appellant and her parents apologized for their misconduct. However, to buy peace, the respondent hired a house at Yamuna Nagar and started residing there with the appellant and the minor children. The behaviour of the respondent did not improve. On 22.04.2008, her parents came and took her along with them but the minor children were left with the respondent. The appellant lodged a false complaint against the respondent for offence punishable under Ss. 498 -A, 406 of the Indian Penal Code (in short 'IPC') qua demand of car, cash, motor cycle or gold.