MAMTA RANI Vs. SONU

JUDGEMENT

(1.) In the instant appeal, the appellant-wife has challenged the judgment and decree dated 3.9.2016 passed by the Additional District Judge, Fazilka, whereby the petition filed by her under Section 13 (wrongly mentioned as Section 13A in the heading of the petitioner) of the Hindu Marriage Act, 1955 (in short "the Act") for dissolution of marriage by a decree of divorce, was dismissed.

(2.) Put shortly, the facts necessary for adjudication of the present appeal as narrated therein may be noticed. The marriage between the parties was solemnized on 14.6.2003 at village Razi Ka Kalan, Tehsil and District Bathinda, according to Hindu rites and rituals. The parties lived together as husband and wife and cohabited as such. Out of the said wedlock, two sons, namely, Sahil and Shantu were born. The respondent maltreated the appellant for bringing less dowry and demanded more dowry in the shape of cash amount of Rs. 2 lakhs. He in connivance with his family members caused mental as well as physical cruelty to the appellant and gave severe beatings to her. He was addicted to intoxicants. On 18.5.2014 and 2.10.2014, the appellant was turned out of her matrimonial home by the respondent after giving beatings to her and she was admitted to Civil Hospital, Abohar. On 19.10.2014, the appellant convened a panchayat to the house of the respondent and requested him not to cause physical and mental cruelty to her and her minor children, but to no effect. Accordingly, the appellant filed a petition under Section 13 (wrongly mentioned as Section 13A in the heading of the petitioner) of the Act for dissolution of marriage between the parties by a decree of divorce. The said petition was contested by the respondent-husband by filing a written statement. Besides raising various preliminary objections, it was pleaded that the appellant was caught red handed with one Pawan Kumar and the matter was reported to the Police Station, City I, Abohar where the compromise was effected on the condition that said Pawan Kumar would leave the area. The other averments made in the petition were denied and a prayer for dismissal of the same was made. From the pleadings of the parties, the court below framed the following issues :-

(3.) Whether the petitioner has got no cause of action to file the present petition? OPR