RAKESH KUMAR Vs. MONIKA

JUDGEMENT

(1.) The appellant assails the judgment and decree dated 15.01.2009 passed by the learned Additional District Judge, Kurukshetra (in short 'the trial Court') dismissing his petition for dissolution of marriage by way of a decree of divorce.

(2.) The appellant/husband filed a petition under Sec. 13-B of the Hindu Marriage Act, 1955 on the twin grounds of cruelty and desertion. It was asserted that marriage between the parties was solemnized on 22.02.2002 at Kaithal according to Hindu rites and ceremonies. The appellant/husband sought to substantiate the grounds of cruelty and desertion against the respondent/wife inter alia on the following basis:

(3.) The respondent/wife filed a written statement denying all the allegations. To the contrary, the wife accused the appellant/husband of harassment and cruelty. Respondent averred that she has been maltreated and tortured for bringing insufficient dowry and demands of dowry were raised. She was turned out of the matrimonial home on 14.05.2003 when she was pregnant. When a female child was delivered at the parental home at Kaithal i.e. on 10.12.2003, due intimation had been furnished to the husband and who in spite thereof, did not visit the respondent/wife and chose not to even see the new born child. Respondent/wife asserted in the written statement that extreme circumstances had been created by the husband as also his family members and which left her with no option but to lodge a complaint and which in turn led to registration of FIR No.291 dated 25.05.2006 at Police Station City Kaithal under Sections 406/498-A IPC.