MOHAN SINGH Vs. REENA

JUDGEMENT

(1.) The instant appeal has been preferred by the husband - Mohan Singh to impugn the judgment and decree dated 28.08.2018 passed by District Judge, Family Court, Bhiwani whereby his petition under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act ') was dismissed.

(2.) Few facts necessary for adjudication of the instant appeal as pleaded in the petition filed by the appellant-husband before the learned Court below may be noticed. Marriage between the parties was solemnized on 13.07.2013 at village Prem Nagar District Bhiwani as per Hindu rites and ceremonies. No child was born out of the said wedlock. It was a simple marriage sans any dowry. The behaviour of the respondent-wife was highly unbecoming of a spouse both towards the appellant-husband and his family right from the very beginning of their marriage. There was a lot of interference by the wife 's family in their matrimonial affairs. She would shirk her matrimonial obligations and duties and would pressurize the appellant-husband to move into a separate accommodation. On 18.04.2014, the respondent-wife 's brother took her away from the matrimonial home on the pretext of their mother being unwell and with an assurance that the respondent-wife would be sent back after about 10-12 days. When the respondent-wife did not return even after a fortnight, the appellant-husband went to her parental house to bring her back but was threatened with dire consequences, if he dared to visit their house ever again. In the first week of July, 2014 a panchayat was convened by the appellant-husband to make peace with the wife but the same proved futile. Thereafter, the respondent-wife moved an application in the Women 's Cell, Bhiwani upon which the appellant-husband and his family were summoned. When the matter was inquired into, by the police, the allegations levelled against the appellant-husband and his family regarding demand of dowry, were found to be false. The respondent-wife then filed a petition under Section 125 Cr.PC and also moved an application before the State Commission for Women at Panchkula in order to harass and heap humiliation on the appellant-husband. It was thus, averred that the respondent-wife had withdrawn from his society since 18.04.2014 willfully and deliberately.

(3.) On the contrary, the respondent-wife in her written statement filed before the Court below, refuted and denied the allegations of the appellant-husband. She submitted that even though her parents had spent approximately Rs.15 lakhs on their marriage and had given her sufficient dowry, the appellant-husband and his family were dissatisfied and would subject her to continuous taunts. Not only this, she would be compelled to get a car, money etc. by the appellant-husband and his family. Since she was unable to satisfy their demands, she would be subjected to merciless beatings. On 18.04.2014, the appellant-husband and his family conspired and after physically assaulting her, threw her out of the matrimonial home but not before retaining all her istridhan. On 28.07.2014, her parents convened a panchayat to settle the matter but it bore no fruit. It was also submitted by her that the husband would frequently harass and humiliate her and failed to fulfill his duties as a husband. Hence, she had been compelled to live at her parental home against her wishes even though she was still willing to cohabit with the appellant-husband and continue to perform her duties as a wife.