SONIA Vs. HARMESH

JUDGEMENT

(1.) The appellant, Sonia is aggrieved by judgment and decree dated 25.10.2013 passed by the Additional District Judge, Karnal whereby her petition under Sec. 13 of the Hindu Marriage Act, (hereinafter referred to as the 'Act') for dissolution of her marriage with respondent - Harmesh, has been dismissed.

(2.) Brief facts of the case are that, marriage between the parties was solemnized on 20.04.2008 according to Hindu rites and ceremonies at village Kunjpura. A child out of this wedlock born at Civil Hospital, Karnal, unfortunately passed away soon after his birth. In the petition under Sec. 13 of the Act, it is averred that marriage between the parties was solemnized with pomp and show with Rs. 3,50,000/ - being spent thereon by the appellant's parents. Prior to the marriage, a ring ceremony was performed at village Kunjpura on 22.04.2007. A cash amount equivalent to price of a motorcycle was given by the appellant's parents to the respondent alongwith jewellery valuing Rs. 1,00,000/ - as well as other dowry articles. It was pleaded that the appellant was subjected to harassment by the respondent and his family members for bringing insufficient dowry. The appellant's mother -in -law instigated the respondent to ill -treat and beat the appellant. The appellant was asked by the respondent to bring a sum of Rs. 30,000/ - or an air conditioner. When this demand was not fulfilled, the appellant's mother -in -law and sister -in - law physically abused her and removed the jewellery worn by her. The appellant was threatened to either fulfill their demand or else she would be subjected to such treatment regularly. A sum of Rs. 20,000/ - was given to the respondent and his family members by the appellant's father at village Kunjpura after borrowing it from one of his relatives. However, the attitude of the respondent and his family did not change. The appellant was subjected to physical abuse by a Tantrik called by the respondent and his family members. It is alleged that the appellant was dragged by the respondent on 08.08.2008 in the presence of his mother and sister and was afflicted fist and leg blows. She was thereafter turned out of the matrimonial home. A Panchayat was convened on 28.09.2008 at the behest of the appellant and her father, where the respondent admitted his guilt and promised not to repeat the same behaviour and further undertook to take back the appellant to her matrimonial home. The proceedings were reduced into writing and duly signed by the respondent as well as the other members of the Panchayat. The petition under Sec. 9 of the Act filed by the respondent for restitution of conjugal rights was withdrawn by him. However, the appellant was not taken back to their matrimonial home. Thereafter a complaint under Ss. 323/406/498A/342/506/ 120B IPC was preferred by the appellant against the respondent and his family members and FIR No. 152 dated 26.03.2009 was registered. The appellant, thus, prayed for a decree of divorce on the ground of cruelty meted out to her.

(3.) The petition was resisted by the respondent. While admitting the factum of marriage between the parties, all averments of cruelty were denied. It was averred that the appellant left the matrimonial home on her own under a strong influence of her parents. The appellant had taken away all the valuable items, clothes and cash when she left the matrimonial home alongwith the minor child. In fact, it is the appellant who treated the respondent with cruelty, who is still ready to resume matrimony with her. It was denied that any Panchayat was convened at the behest of appellant while it was the respondent and his family members who convened various meetings to resolve the issue. He, thus, prayed for dismissal of the petition.