SANJAY LATA Vs. AMRIT LAL GAUTAM

JUDGEMENT

(1.) THIS appeal by the appellant/wife is directed against the judgment and decree dated 15.6.2002 passed by the learned District Judge, Bhiwani vide which petition filed by the respondent/husband under Sections 13 of the Hindu Marriage Act, 1955 (for short the Act), seeking dissolution of marriage by a decree of divorce stands allowed.

(2.) MARRIAGE between the parties was solemnized on 27.4.1996. From the wed-lock a male child was born on 5.9.1997 but he died soon thereafter on 7.9.1997. A girl child was born on 15.9.1998. The respondent/husband filed a petition under Section 9 of the Act but it was withdrawn. The respondent/husband thereafter had filed a petition under Section 13 of the Act seeking decree of divorce on the ground of cruelty. Grounds of cruelty pleaded were that on 2.1.1998 Deepak alias Kuldeep brother of the appellant came to the house of the respondent for taking the appellant to her parents' home. The appellant accompanied her brother in the absence of the respondent, and took with her all her ornaments as well as two suit-cases of clothes, golden chain and ring. This was said to have been done by the appellant on the plea that she was to stay with her parents for a considerable long period. The attempt of the respondent to bring her back failed.

(3.) IT was the case of the appellant that on 9.3.1999 when the respondent had gone to attend the Court, the appellant along with her daughter came there, but when the appellant tried to take the daughter outside the Court the appellant insulted him by saying that the respondent was a puppet in the hands of his parents and was "Namard". It was also pleaded that she spat on his face. This act was claimed to be an act of cruelty.