SAKSHI KAPOOR Vs. ANIL KUMAR

JUDGEMENT

(1.) The appellant-Sakshi Kapoor has preferred the present appeal challenging the judgment dtd. 7/4/2016 passed by learned Additional District Judge, Karnal, whereby the petition filed by the appellant under Sec. 13 of the Hindu Marriage Act (for brevity, "the Act") seeking dissolution of marriage by way of decree of divorce, was dismissed.

(2.) Briefly stated, the appellant-wife filed a petition under Sec. 13 of the Act for divorce. As per the appellant, the marriage between the parties was solemnized on 15/2/2009 and out this wedlock, a female child was born. After the marriage, the respondent-husband indulged in gambling and cricket betting and certain complaints were also filed against him, including a complaint under Sec. 138 of the Negotiable Instruments Act, 1881 as well as FIR No.196 dtd. 20/4/2013 under Sec. 420 registered at Police Station City Fatehabad. In order to fulfill his vices, the respondent pledged gold jewellery and lost money, jewellery, articles etc. in gambling. The appellant and her parents tried to persuade the respondent not to indulge in such activities, but it did not have any affect on the respondent. Rather, he (husband) started giving merciless beatings to the appellant and harassed her. Under these compelling circumstances, the appellant had to leave her matrimonial home, as the respondent continued to indulge in bad vices. During this period, the respondent visited the parental house of the appellant several times in late night hours with an assurance that he will mend his ways. Believing that the respondent will improve, the appellant, being an emotional lady and considering the future of their daughter, came back to her matrimonial home. However, the behaviour of the respondent did not change and he continued with his vices. The respondent is a habitual gambler who continuously indulged in cricket betting. He has spent all his earnings in gambling and cricket betting. It has also been alleged that the respondent and his family members even tried to kill the appellant by strangulating her with the help of a chunni. Thus, the appellant left her matrimonial home along with her daughter. In this manner, the respondent is guilty of causing physical and mental cruelty upon the appellant without her being at fault. Therefore, the appellant had filed a petition under Sec. 13 of the Hindu Marriage Act seeking dissolution of marriage.

(3.) Though the respondent-husband has contested the petition, but has not disputed the solemnization of marriage between the parties and birth of a female child from this wedlock. It has been averred that the respondent remained admitted in Rehabilitation Centre, Dehradun from 10/6/2014 to 13/9/2014 in order to get rid of his bad habits and after getting treatment, he was living a normal life. The respondent requested the appellant to join his company, but she has virtually refused, obviously under the influence of her mother, who is bent upon to spoil their matrimonial life. The respondent is willing to keep and maintain the appellant-wife as well as his daughter.