RANBIR SINGH Vs. SUNITA

JUDGEMENT

(1.) THIS is the husband's appeal under Section 23 of the Hindu Marriage Act (for short 'the Act')against the judgment and decree of the lower Court, whereby his divorce petition is dismissed.

(2.) UNCONTROVERTED facts of the case are that on 1. 7. 1990 appellant was married to respondent in Village Chaharwala as per Hindu rites. Since 1991 parties are living separately. Parties were not blessed with any pregnancy from this wedlock.

(3.) RESPONDENT -wife filed her written statement and denied all the allegations made against her. She denied having been given any gold and silver ornaments by her father-in-law or she ever rebuked or insulted the appellant or did not allow him to consummate the marriage. According to her, she lived with the appellant in the matrimonial home and discharged her duties as a dutiful wife. The behaviour of the appellant was always cruel and insulting towards her. She tolerated his illtreatment. Finally, she was turned out of her matrimonial home in bare wearing apparel. Her dowry articles were not returned. Since then she is living in her parental home. Appellant as well as his brother and Bhabhi used to beat her, as a result of which, she suffered mental and physical agony. She pleaded that the appellant and his parents are greedy persons. They expected more and more dowry and cash from her parents. They wanted her father to transfer 11 Killas of agricultural land in favour of the appellant, but as her father declined, she was not rehabilitated. She has also denied that she has deserted the appellant. Appellant earlier filed the petition under Section 9 of the Act. She claimed maintenance which was awarded to her at the rate of Rs. 200/per month alongwith Rs. 500/- as litigation expenses. To avoid this payment, appellant got hispetitiondismissedaswithdrawnon27. 11. 1992.