SONIA Vs. RAMESH

JUDGEMENT

(1.) Appellant-Sonia has preferred this appeal, challenging the judgment and decree dated 23.10.2015 passed by Additional District Judge, Kaithal vide which the petition filed by her under Section 13(1) (ia) of Hindu Marriage Act, 1955 ('Act' for short) was dismissed.

(2.) As per the case of the appellant-wife, she was married to respondent Ramesh on 19.3.2008. The parents of the appellant had spent Rs. 5 lakh in the marriage and had given sufficient dowry as per their custom and rites in the society. The marriage was consummated and out of the said wedlock, one son, namely, Himanshu was born, but unfortunately he died on 10.12.2011. As per the appellant-wife, the respondent and his family members were greedy persons. They used to tease and taunt her for bringing insufficient dowry. They also demanded Rs.1 lakh and a motorcycle but the appellant had expressed her inability to fulfill their illegal demand. The respondent and his family members had given severe beatings to the appellant but she continued tolerating their cruelties with the hope that the things would become normal with the passage of time. However, the situation became bad to worse and ultimately, the appellant was turned out of the matrimonial home by the respondent and his family members on 10.12.2011.

(3.) It was further averred by the appellant-wife that the Panchayats were convened but the respondent and his family members were adamant on their illegal demand. Ultimately, an FIR under Sections 406, 498-A, 323, 506 read with Section 34 IPC was got registered by the appellant-wife in which the respondent and his family members are facing trial. All efforts made by the appellant and her parents to rehabilitate her went in vain.