RAJNA CHOUDHARY Vs. RAGHUBIR SINGH

JUDGEMENT

(1.) This appeal by appellant Rajna Choudhary is directed against the judgment and decree, dated 8.8.2005, whereby her marriage with respondent Raghubir Singh has been dissolved, on the grounds of desertion and cruelty.

(2.) Respondent Raghubir Singh filed a petition, under Section 13 of the Hindu Marriage Act, for dissolution of his marriage with appellant Rajna Choudhary, alleging that his marriage with Rajna Choudhary had taken place in the year 1988, according to Hindu rites and ceremonies, but the attitude and the behaviour of the appellant, from the very beginning was such that she did not want to live with him as his wife. She would not allow him to exercise his matrimonial rights and refused to share bed with him, with the result that no child was born. She left the matrimonial home in July, 1997 and never returned thereafter. It is further alleged that on 22.3.1988, she addressed a complaint to Deputy Commissioner and forwarded copies thereof to SHO, Police Station, Nurpur, Women Welfare Commission, New Delhi and several other authorities, in which allegation was made that respondent had been having illicit relations with his brother's wife. The allegation was false and had been made simply to cause mental torture to the respondent. Respondent initially filed a petition for dissolution of marriage in May, 1998, but that was dismissed in default. Thereafter another petition, out of which this appeal has arisen, was filed in October, 2000, seeking dissolution of marriage on the aforesaid two grounds.

(3.) Appellant contested the petition. She admitted that she made complaints against the respondent, but denied that she levelled any allegation that the petitioner was having illicit relation with his brother's wife. She denied that she did not allow sexual access to the respondent or that she was not willing to live with him. She also denied that she left the matrimonial home for her mother's place in Agara on her own in July, 1997 and pleaded that she went with the consent of the respondent and in fact respondent accompanied her to Railway Station, Pathankot, where she boarded a train for Agra. She stated that she was ready and willing to join the respondent, but he did not approach her to get her back to the matrimonial home and, so, she had been living with her mother. She stated that respondent had remarried and so he was not interested in getting her back to the matrimonial home. She also stated that she used to be given beatings by the respondent, when she stayed with him. Couple of preliminary objections were also raised.