MAMTA Vs. NARESH KUMAR DHINGRA

JUDGEMENT

(1.) The appellant/wife has challenged the judgment and decree passed by District Judge, Family Court, Bhiwani on 20.11.2015 whereby her petition under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act"), seeking dissolution of her marriage with respondent/husband by decree of divorce on the ground of cruelty, has been dismissed.

(2.) The appellant/wife and the respondent/husband were married on 23.02.2011 at Bhiwani. A female child was born out of the wedlock. It is the case of the appellant/wife that her family members had spent Rs. 3 lakh in the marriage, which was beyond their capacity and had given household articles to meet demands of the respondent/husband and his family members. However, they were not satisfied and kept on taunting the appellant/wife for more dowry. They had demanded motorcycle or Rs. 50,000/- in cash. Panchayats were convened at the behest of the mother of the appellant/wife but they were not satisfied and she was physically and mentally tortured by them. In November 2012, she was beaten up by respondent/husband and his family members and was also pressurized to bring Rs. 50,000/- or motorcycle. Family members of the appellant/ wife had arranged a sum of Rs. 20,000/- which was handed over to the respondent/husband by her mother. The respondent/husband is also alleged to be addicted to liquor and gambling and had sold the belongings of the appellant/wife to finance these habits. On 11.02.2013, the appellant/wife along with minor daughter was thrown out of the matrimonial home after she was severely beaten up by the respondent/ husband and his family members. They had also threatened to kill her, in case, their demand of Rs. 50,000/-or a motorcycle was not fulfilled. Thereafter, a biradari panchayat was also convened but the respondent refused to accept the appellant/wife and, therefore, the appellant/wife continued to reside at her parental home.

(3.) The respondent/husband, in his written statement, had denied these allegations and stated that the marriage between the parties was performed in a simple manner and no dowry was taken and all the expenses of the marriage were incurred by the respondent/husband and his parents. He also alleged that the appellant/wife was of quarrelsome nature and had been picking up quarrels with the respondent/husband and his family members on trivial issues and had started living at her parental home without any reason. The allegations for having accepted Rs. 20,000/- or the demand of Rs. 50,000/- have been denied. He also stated that the Panchayat was convened to bring her back to the matrimonial home but she had refused to pay any heed.