NIRMLA Vs. GOVIND

JUDGEMENT

(1.) The instant appeal has been preferred by the wife Nirmla impugning the judgment and decree dated 15.12.2015 passed by Addl. District Judge, Rewari whereby the petition under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act') filed by the respondent-husband was allowed by the Court below.

(2.) Few facts necessary for adjudication of the instant appeal as pleaded in the petition filed by the appellant-wife before the learned Court below may be noticed. Marriage between the parties was solemnized on 12.07.2008 at village Kanti Tehsil Narnaul as per Hindu rites and ceremonies. After marriage, they lived together as husband and wife at Bawal. No child was born out of the said wedlock. As per the respondenthusband right from the very beginning of their marriage, the appellant-wife expressed her dislike for him and told him that she in fact wanted to marry another person. She misbehaved with the respondent-husband and his mother on the very next day of their marriage. So much so, when she was confronted by the respondent-husband regarding her misbehaviour with his mother, she caught hold of him by his collar. On 24.08.2008, the respondent-husband sent for the appellant's brother, with whom the appellant-wife thereafter left her matrimonial home along with all her jewellery. While leaving, the appellant-wife threatened the respondenthusband that she would obtain divorce from him after extracting a huge amount of money and would also implicate him and his family in false criminal cases. It was pleaded by the respondent-husband that the appellant got registered a case FIR.No.51 dated 17.04.2010 under Sections 323, 342, 406, 498-A and 506 IPC against him and his family members for which they had to face the agony of trial for almost 5 years. The respondent-husband was convicted and sentenced under Sections 323, 342 and 498-A IPC by learned JMIC, Narnaul vide judgment dated 19.11.2015. The appellantwife thereafter filed a divorce petition before the learned District Judge, Narnaul wherein she levelled all kinds of false allegations as a result of which the respondent-husband had to suffer acute mental agony. The appellant-wife was proceeded against ex parte and an ex parte decree dated 19.07.2010 was passed in favour of the respondent-husband by learned Addl. District Judge, Rewari. Later on, however, for setting aside the ex parte decree an application was filed by the appellant-wife leading to the restoration of the petition to its original number and subsequently, the petition was withdrawn by the appellant-wife.

(3.) Per contra, the appellant-wife in her written statement filed before the Court below, refuted and denied the allegations of the respondent-husband. She alleged that in fact it was the respondent-husband, who had deserted her without any sufficient cause. She categorically denied leaving the matrimonial home along with her jewellery on 24.08.2008 or having misbehaved with her mother-in-law. She in fact stated that she had not falsely implicated the respondent-husband or his family in any false cases; the respondent and his family members would harass her and demand dowry from her and her parents. As far as petition under Section 13 of the Act filed by her was concerned, she submitted that it was mistakenly filed by her counsel and was later on withdrawn by her. She had actually intended to file a petition under Section 9 of the Act.