BHAJAN LAL Vs. USHA RANI

JUDGEMENT

(1.) The marriage of Bhajan Lal appellant had taken place with Usha Rani respondent on 19.4.2000. They lived together upto 16.9.2000. No child was born from this wedlock. The respondent left for her parental home on 17.9.2000. The appellant filed a petition under Sec. 9 of the Hindu Marriage Act for restitution of conjugal rights on 15.6.2001. On the other hand, the respondent -wife got a case registered against the appellant and his parents under Ss. 406/498A IPC in Police Station City, Bhatinda on 14.7.2001. Thereafter the respondent filed a divorce petition against the appellant on 24.8.2002.

(2.) It was alleged by the respondent in the divorce petition that the appellant did not cohabit with her even when she had offered herself for sexual intercourse. Her parents had spent Rs. 2,50,000/ -on her marriage. The gold ornaments, silver ornaments, coloured Television, Fridge, Washing Machine, Cooler, clothes and utensils were given in the marriage. The appellant and his parents were not satisfied. They started maltreating the respondent and treated her with cruelty. They also demanded Rs. 50,000/ -for the business of the appellant. This demand was repeated by them on 15.8.2000 when the appellant and his parents had come to her parental house. When the parents of the respondent expressed their helplessness to fulfil the illegal demand of the appellant on 17.9.2000, she was beaten and turned out of the house. The parents of the respondent had arranged a panchayat on 1.10.2000 but the appellant and his parents were not willing to keep the respondent in their house till their demand was fulfilled. Hence, the divorce petition.

(3.) The version of the appellant as pleaded in the written reply was that the respondent has not come to the Court with clean hands and has suppressed material facts. The respondent has not led any evidence in the petition for restitution of conjugal rights filed by the appellant against her and it was consigned to the Record Room on 29.11.2002. The appellant was ready and willing to keep the respondent as his wife even today. It was denied if any dowry was demanded from the respondent or her parents or if the parents of the respondent had spent Rs. 2,50,000/ -on the marriage or if they had given gold/silver ornaments or other articles in the marriage. It was admitted that the parties had separated from each other on 17.9.2000. It was denied if the appellant had refused to cohabit with the respondent. He had cohabited but no child was born from this wedlock. It was denied if any demand of Rs. 50,000/ -was made from the respondent or her parents or if she was maltreated, beaten or turned out of the house on 17.9.2000. It was pleaded that the appellant was working as Machine Operator in Swaraj Company at Mohali but his services were terminated on 9.6.2000. The respondent was under the impression that after the marriage, she would reside at Chandigarh or Mohali but after the services of the appellant were terminated, the parties shifted to Sirsa. She refused to live with the appellant. The appellant had taken a panchayat to the house of the respondent and her parents on 4.2.2001 but the respondent refused to accompany the panchayat to the house of the appellant. Hence, it was prayed that the parties are living separately because of the fault of the respondent herself and the dismissal of divorce petition was prayed.