AMANDEEP KAUR Vs. PAWAN KUMAR

JUDGEMENT

(1.) The instant appeal has been preferred by the appellant-wife against the impugned judgment and decree dated 21.09.2017, passed by the Ld. District Judge (Family Court) Shaheed Bhagat Singh Nagar (hereinafter referred to as 'the Ld. Family Court'), vide which the petition filed by the appellant-wife under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') for dissolution of marriage by way of decree of divorce was dismissed.

(2.) The case of the appellant-wife as per the averments made before the Ld. Family Court is that the marriage between the parties was solemnized on 29.11.2013 as per Hindu rites and ceremonies. The respondent-husband would subject her to harassment on the pretext of demand of dowry and would not even hesitate to beat her up mercilessly whenever she restrained him from indulging in vices. On one occasion, the respondent-husband had to be hospitalized on account of consumption of some medicine for which he threatened to falsely implicate the appellant-wife. Further, it was averred that the respondent-husband on one occasion tried to strangulate her and just after seven months of their marriage, she was turned out from the matrimonial home. Her parents along with respectables of the village approached the respondent-husband and his parents who in turn assured them that in future she would not be maltreated and it was only on such assurance the appellant-wife returned to her matrimonial home in October, 2014, where she resided till August, 2015. However, the behaviour of the respondenthusband and his family remained unchanged and she was again thrown out of her matrimonial home by the respondent-husband in August, 2015. Yet another effort was made by her father through a Panchayat, but the respondent-husband misbehaved with her father as well as with the Panchayat. Thereafter, an application was moved by the appellant-wife in Police Station Pojewal regarding her maltreatment and another application was moved to S.S.P., Shaheed Bhagat Singh Nagar on 16.02.2016, which was referred to Women Cell, Nawanshahr. Both the parties were called along with their parents and respectables by the Women Cell, Nawanshahr and efforts were made to bring about a reconciliation between the parties, but due to the adamant behaviour of the respondent-husband, it failed to yield any positive result. On 23.06.2016, an FIR bearing No. 31, under Section 498-A IPC was registered against the respondent-husband and his mother.

(3.) The respondent-husband contested the averments of the appellantwife by filing a written statement, wherein, he stated that the petition of the appellant-wife under Section 13 of the Act was in fact in retaliation to the petition filed by him under Section 9 of the Act. The respondent-husband refuted and categorically denied the allegations of harassment. He denied that he was addicted to any vices or that he had consumed any medicine for which he had to be hospitalized, much less, ever threatened the appellant-wife in any manner whatsoever. He submitted that the behaviour of the appellant-wife had never been cordial towards him. She would not even hesitate to declare that she did not like the respondent and had been married to him forcibly against her wishes. It was contended by the respondent-husband that on 16.08.2015, the mother of the appellant-wife came to their house and requested them to send the appellant-wife with her for shopping for the marriage of her sister and thereafter, the appellantwife never returned to her matrimonial home. As per the respondent-husband, efforts were made through Panchayats by him and his parents to bring the appellant-wife back but they all prove to be a futile exercise.