LAWS(P&H)-2018-11-155

BEERAM WATI Vs. GAJENDER SINGH

Decided On November 26, 2018
Beeram Wati Appellant
V/S
Gajender Singh Respondents

JUDGEMENT

(1.) This appeal has been preferred against the judgment and decree dtd. 15/10/2011 passed by learned Additional District Judge, Palwal vide which he had allowed petition under Sec. 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) filed by petitioner Gajender Singh (herein respondent) against his wife respondent Smt.Beeram Wati (herein appellant) on the ground of cruelty.

(2.) The respondent - wife has knocked at the door of this Court by way of filing the instant appeal praying that the impugned judgment and decree passed by the trial Court be set aside and petition for divorce filed by her husband Gajender Singh be dismissed.

(3.) Briefly stated, the facts of the case are that Gajender Singh had filed a petition under the Act against his wife Smt.Beeram Wati on the averments that a marriage had taken place between them on 21/11/2000 at village Dhatir, Tehsil Palwal, District Faridabad (now District Palwal) as per Hindu religious rites and ceremonies; that after the marriage the couple started residing together as husband and wife at village Dhatir; that soon after the marriage, the respondent showed disrespect and hatred towards the petitioner as well as his parents and other family members humiliating and insulting them in front of their relatives as well as neighbours using contemptuous words; that she refused to do any household work; that the respondent left the matrimonial home without consent and knowledge of her husband without any reasonable cause in the month of February, 2005 and refused to join his company despite being asked by the petitioner to do so; that the petitioner had convened a panchayat seeking return of the respondent in the matrimonial home, however, the respondent levelled serious allegations against the petitioner to the effect that he was having illicit relations with his sister-in-law (Bhabhi) Smt.Baldei; thereafter, the respondent filed a criminal complaint against the petitioner for offences Ss. 406, 498-A, 506, 34 IPC wherein also she made similar allegations, resultantly the petitioner suffered mental pain and torture. According to the petitioner, the respondent has deprived him of enjoying his matrimonial life by consummation. According to the petitioner, the respondent had treated him with cruelty as such he sought dissolution of marriage by a decree of divorce.