NAVNEET KUMAR Vs. MEENA KUMARI

JUDGEMENT

(1.) Appellant is aggrieved by the decree dated 2-5-2000, passed by learned Additional District Judge (1), Kangra at Dharamshala, H.P. By means of impugned decree marriage between the parties has been dissolved. Respondent-wife filed a petition for dissolution of marriage by a decree of divorce under Section 13 (1) (i-a) of the Hindu Marriage Act, 1955, hereafter referred to as the 'Act'.

(2.) Admitted case of the parties is that they were married as per Hindu rites and customs on 18-10-1988 at Village Nehrian, Tehsil Amb. District Una. They have one male issue from this wedlock who was born on 17-4-1990. According to the wife this child was taken away right from the date of his birth by the husband and his parents and since then he is residing with them only. Wife further alleged that the marriage was solemnised in hurry and it was not possible either for her or for her parents to know the antecedents of her husband. It was after marriage they came to know that he is a drug addict as also consumes alcohol. Further averments made in this behalf are that the husband would remain openly under continued state of intoxication and was also found taking drugs at times. He would also inject drug through intra muscular process to be under the influence thereof. Appellant-husband was also stated to be claiming dowry. According to wife, her husband pressurised her to bring money from her parents and in fact she had brought approximately Rs. 70,000.00 Rs. 80,000.00. Money was handed over to the respondent. Despite this, husband was not at all satisfied. She was being maltreated as well as beaten up. Money as aforesaid was being demanded for the purpose of car by the husband. Maltreatment and constant beating on the part of the husband was a continuing process.

(3.) Misery of the wife did not come to an end here only. According to her on one occasion her father-in-law took her to Shimla for getting her employed. They stayed in the house of their relative. There at night time her father-in-law tried to molest her. In that situation she ran from the house at night time and thus saved herself. According to her though the marriage was solemnised in District Una, but because the parties last resided within the jurisdiction of Courts of Kangra District at Dharamshala therefore petition was being filed at Dharamshala.