RUCHI CHAUDHARY Vs. ARVIND

JUDGEMENT

(1.) Aggrieved with judgment and decree dated 5.12.2015 passed by Additional District Judge, Rewari, dismissing her petition for divorce appellant-wife has preferred this appeal.

(2.) The appellant has leveled allegations against the respondent that he indulged in over-drinking and used to beat the appellant in a cruel manner and treating her like an animal. She was not permitted to take food peacefully and there was demand of dowry, pressurising the appellant to bring money from her parents whereas her parents were not in a position to fulfil the demand. With the allegations of demand of dowry an FIR under Section 498-A, 406 read with Section 34 of IPC was registered against the respondent and his father. The respondent had filed an application under section 9 of the Hindu Marriage Act to create a defence.

(3.) The respondent contested the petition claiming that the marriage was without dowry and it was a simple marriage. It was love marriage between the parties but arranged by the parents. The respondent claimed that the appellant was interested in higher studies, as such, he provided her liberty to take admission in M.Ed. She wanted to do a job, as such, she started working in a school. So far as criminal case is concerned, it is averred in the written statement that the criminal case has been registered at the instance of the parents of the appellant. He claimed that as a matter of fact the appellant-wife had disrupted him and left matrimonial home on 19.3.2012. Despite a Panchayat having been conveyed on 2/3.4.2012, she refused to join the company of the respondent and rather demanded a sum of Rs. 2,00,000/- from the respondent. His application under section 9 of the Hindu Marriage Act was allowed on 13.6.2013 on the basis of compromise but again she left the company of the respondent after he had got injury having been hurt by a cow.