BALA DEVI Vs. RAM KUMAR

JUDGEMENT

(1.) THIS is an appeal against the judgment and decree, dated November 2, 1995 of the learned Additional Distt. Judge, Kaithal, whereby petition Under Section 13 of the Hindu Marriage Act, 1955 for dissolution of marriage by a decree of divorce filed by Bala Devi against her husband Ram Kumar was dismissed, leaving the parties to bear their own costs.

(2.) IT was pleaded by Bala Devi that she was married with Ram Kumar according to Hindu rites on June, 13, 1987 at Village Pundri. Since 1993, they lived together and cohabited together at village Chor Karsa for about four months - but no issue was bom from their wedlock. She further pleaded that her husband kept her for a period of four months in total after marriage till she was turned out from the matrimonial home. Her grievance is that Ram Kumar is ill-mannered person. He publicly abused her and used to state that she was very ugly, there is no place in the house for her; and that he is a dowry greedy man. After only ten days of the marriage, he used to beat her for not bringing sufficient dowry at the instance of the members of his family. She brought Rs. 5,000.00 from her father to satisfy the respondent but in vain. He became more and more cruel towards her. After giving severe beatings, she was sent to bring more dowry from the house of her father. Her father gave a sum of Rs. 2,000.00 more to satisfy the respondent. She further alleged that the respondent kept her even without food and water and tried to strangulate her. Her case further is that in the month of May, 1993 respondent turned her out from the matrimonial home in three clothes after giving severe beatings and since then she has been living in the house of her father at Village Pundri. Her father along with other respectables took panchayat to the house of the respondent who advised him not to give beatings and to keep her in the matrimonial home peacefully but the respondent flatly refused to keep and maintain her. She became mentally upset and her life became a hell. According to Bala Devi, the attitude of the respondent towards her is very cruel and there is danger to her life. It was also pleaded by her that the petition was not being presented in collusion with the respondent and had been filed without unnecessary and improper delay; and that no previous proceedings with regard to marriage were pending. On the premise of these allegations, she filed a petition Under Section 13 of the Hindu Marriage Act for dissolution of marriage by a decree of divorce.

(3.) ON the pleadings of the parties, following Issues were framed by the trial Court: 1) Whether the respondent exercised cruelty towards the petitioner as alleged? OPp 2) Relief.