AMIT KUMAR Vs. MEENU BAWA

JUDGEMENT

(1.) The instant appeal has been preferred by the husband - Amit Kumar to impugn the judgment and decree dated 16.03.2015 passed by Addl. District Judge, Fast Track Court, Amritsar 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.

(3.) Per contra, the respondent-wife in her written statement filed before the Court below, refuted and denied the allegations of the appellant-husband. She submitted that a huge dowry and gifts had been given by her family both before and at the time of their marriage. Despite this, she was ill-treated and frequently taunted for bringing dowry, which was not worthy of the social status of the appellant-husband and his family. In December, 2009 after the appellant-husband left for his posting in Jammu, she was subjected to continuous physical as well as mental harassment. She continued to bear the hostilities for the sake of their marriage. In 2010, the appellant-husband asked her to join his company in Jammu. The sister of the appellant-husband, who was staying with them and pursuing her studies for B.Ed from Jammu, would often instigate the appellant-husband against her as a result of which she was sent back to her matrimonial home in their native village. The illegal demands of dowry were continuously made by her father-in-law and another sister-in-law. She informed her parents about the demands, who then arranged a sum of Rs.50,000/- from her uncle and handed over the same to her father-in-law. However, this did not help in improving the behaviour of her husband and his family. She would be threatened by the sisters-in-law that they would get their brother married to a rich girl and oust her from the matrimonial home. In November, 2010, when the appellant-husband fell ill, he requested her to come to Jammu and nurse him. She dutifully did the same but his behaviour remained the same as before. On 07.01.2011, she was thrown out of his house in Jammu. It was averred that her parents had paid Rs.50,000/- each in September, 2010, October, 2010 and November, 2010 but the greed of her in-laws remained unsatiated. On the promotion of the appellant-husband as Lieutenant on 11.01.2012, the demands of the husband and his family also increased. She claimed that she went to Mumbai only when she was telephonically asked by her husband to join him but on her arrival she was subjected to merciless beatings. She thus, prayed for dismissal of the petition.