(1.) The instant appeal has been preferred by the wife- Manjeet Kaur impugning the judgment and decree dated 03.03.2008 passed by Addl. District Judge, Kurukshetra whereby the petition under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act') filed by the husband-Lakhwinder Singh was allowed.
(2.) Few facts necessary for adjudication of the instant appeal as pleaded in the petition filed by the respondent-husband before the learned Court below may be noticed.
(3.) Per contra, the appellant-wife by way of her written statement filed before the Court below refuted and categorically denied the allegations of the respondent-husband. She alleged that in fact it was the respondent-husband, who had been cruel to her. He and his family members would subject her to beatings and demand a car from her parents. On 02.12.2005, she had moved an application to the Superintendent of Police also qua the harassment meted out to her in pursuance to which a compromise was arrived at between the parties wherein the respondent-husband and his family had assured that the appellant-wife would be kept properly. On 06.12.2005 the respondent-husband and his family physically assaulted her and an attempt was made to put her on fire. She alleged that she never left her matrimonial home on 25.12.2005 rather it was her father, who took her away on 01.01.2006. When the respondent-husband came home on leave on 12.04.2006, he did not even come to take the appellant-wife back to her matrimonial home. Her father pleaded with the respondent-husband to keep the appellant-wife with him but he was adamant that he would not keep her unless and until his demands of dowry were acceded to.