VIDYA SAGAR Vs. KHIMI DEVI

JUDGEMENT

(1.) This appeal is directed against the judgment dated 10.4.2013 passed by the learned Additional District Judge (Presiding Officer), Fast Track Court, Mandi, District Mandi, H.P. in H.M.P. No.52/2009.

(2.) "Key facts" necessary for the adjudication of this appeal are that the appellant/petitioner(hereinafter referred to as the "petitioner" for the sake of convenience) filed a petition against his wife (hereinafter referred to as the "respondent" for the sake of convenience) under Section 13 of the Hindu Marriage Act, 1955 for dissolution of marriage by granting a decree of divorce. The marriage between the parties was solemnized on 24.2.1985 according to Hindu rites. They resided together happily for 15 years. Two children were born from this wedlock. Their son, namely, Deepak Chandel was studying in Engineering College at Nawanshehar and daughter Monika was studying in Govt. Sen. Sec. School, Rewalsar, Tehsil Sadar, District Mandi, H.P.. According to the petitioner, the respondent deserted him and started residing in the house of her father. She was in habit of insulting him. He was forced to register a case under Section 107/150 Cr.P.C. against the respondent. She was also in habit of filing false complaints under the Domestic Violence Act. A case was also registered against him under Section 498-A IPC in Police Station Ratti. She even threatened to consume poison to harass him. According to him, all these acts of the respondent caused physical as well as mental cruelty to him.

(3.) The respondent contested the petition. She admitted that they lived happily till 2000. However, she denied that she deserted her husband at the instance of her father and uncle. She also denied that she lodged false complaint against her husband. According to her, she had lodged the complaints as and when her husband gave beatings to her. The behaviour of the respondent was rude towards him. She was given beatings by the petitioner on 3.5.2007. She got herself medically examined at CHC Ratti and thereafter the matter was got compromised in the Police Station. However, despite numerous compromises, her husband did not mend his ways, which led to writing an application to the Director of Education, Shimla. The petitioner was advised by the Director to ensure payment of maintenance to his family members properly. She also moved an application on 27.7.2009 to D.C. Mandi, which was sent to Police Station Balh. The matter was again got compromised with the intervention of the Gram Panchayat, Sadhiyani. She was again given beatings by the petitioner on 26.9.2009. The complaint was lodged to this effect and she was got medically examined and then she approached the Women Cell, Mandi.