SALONA SHARMA ALIAS KOMAL SHARMA Vs. RAJESH SHARMA

JUDGEMENT

(1.) THIS appeal by the appellant/wife is directed against the judgment and decree dated 1.10.2002 passed by the learned Additional District Judge, Patiala allowing the petition filed by the respondent/husband for dissolution of marriage under section 13 of the Hindu Marriage Act (for short the Act).

(2.) BRIEF facts of the case are that the marriage between the parties was solemnized on 6.12.1990, at Patiala according to the Hindu rites and ceremonies. Out of the wed-lock two male issues were born. The respondent due to ill-habits and cruel acts of the appellant filed a petition under section 13 of the Act but on the basis of written apology the said petition was withdrawn on 27.8.1998. It was the case of the respondent that the appellant was in the habit of committing thefts i.e. jewellery and cash and whenever she was confronted, she used filthy language. On 1.4.1991 she was caught red handed while stealing gold ornaments from the almirah of mother of the respondent/husband. When confronted she left the matrimonial house in the evening. Respondent with his friend went to the house of the appellant and lodged protest but instead of feeling sorry she and her parents insulted the respondent. After about 2 months he again went to the house of the appellant and brought her back by requesting her to mend her behaviour but she failed to change her habits. It was also the case of the respondent that she neither care for the respondent nor the children. It was also alleged that she again stole Rs. 14000/- (Rupees fourteen thousand only) from the house and handed over the amount to her brother Vinod Kumar, but to her bad luck currency notes fell on the ground. When her brother was confronted with this he gave beating to the respondent at the instance of the appellant. It was the case of the respondent that the appellant confessed that her brother was badly in need of money, that is why the amount was taken. The appellant further pleaded that on the asking of his parents, the respondent started living separately from his parents in Arorian Mohalla in March, 1995 but even there he had to prepare break fast for the children and to make them ready for school. He also arranged lunch box. Whenever children asked for meals they used to be beaten by the appellant. It was further the case of the respondent that she continued visiting her parents and did not leave her habit of committing thefts, in spite of objection by the respondent.

(3.) ON 25.1.2000 some letters written by respondent were thrown in court yard of his house by somebody, and after going through the letters he came to know the reason as to why the appellant was not taking interest in her matrimonial life. A slip was also thrown showing that other letters and diaries written by the respondent could be supplied subsequently.