HARDEEP KAUR Vs. SANJEEV SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 16.4.2013 passed by the learned Additional District Judge, Una, District Una, H.P. in H.M.A. Petition No. 21/2010.

(2.) "Key facts" necessary for the adjudication of this appeal are that the respondent -husband (hereinafter referred to as the "respondent" for the sake of convenience) filed a petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955 against the appellant -wife (hereinafter referred to as the "appellant" for the sake of convenience) for dissolution of marriage on the ground of cruelty. According to the averments contained in the petition, the appellant is legally wedded wife of the respondent. The marriage was solemnized between the parties on 1.10.2008 at Village Charatgarh, Tehsil and District Una as per Hindu and Sikh rites. It is alleged in the petition that on 3.10.2008, the appellant denied physical access to him. There was no physical relation between the appellant and the respondent. The appellant refused to carry out household chores. She used to misbehave with the respondent and his family members. Parents of the appellant were informed about her misbehaviour. Parents of the appellant advised the respondent's family to take her to 'Tantrik'. On 9.10.2008, the appellant again refused to give physical access to the respondent. On 28.10.2008 and 15.11.2008, she again refused to do household chores. It is furthers averred in the petition that on 28.12.2008, she put hot iron on the hand of respondent's nephew, Daman. The respondent again tried to make physical relation with the appellant on 19.2.2009, but she refused and slapped him. She threatened him that she would implicate him in a dowry case. On 27.2.2009, petitioner again misbehaved with mother of the respondent by refusing to pass on utensils. In the month of March 2009, the appellant pushed the respondent, due to which he fell on the floor. The respondent is suffering from 60% disability. Thereafter, in the month of October 2009, the appellant passed on urine in front of his family members. The compromise was arrived at between the parties in the Panchayat, Charatgarh on 16.7.2010. Father of the appellant came to the house of the respondent on 25.7.2010 and threatened all the family members. The appellant tried to commit suicide by putting her scarf in the cooler fan on 27.7.2010. A compromise was again arrived at between the parties in the presence of police on 29.7.2010. The respondent also filed an application against the respondent before the Superintendent of Police, who forwarded the same to the Women's Protection Cell, Una. On the direction of Women's Protection Cell, on 4.9.2010 respondent was taken to the Psychiatrist at Karami Devi Memorial Hospital, Dosarka, Hamipur, H.P., who opined that the appellant was suffering from some mental disease.

(3.) LEARNED Additional District Judge framed the issues on 6.6.2011 and allowed the petition vide judgment dated 16th April, 2013. Marriage between the parties was dissolved by a decree of divorce on the ground that the appellant after solemnization of marriage with the respondent had treated him with cruelty. The appellant was granted permanent alimony at the rate of Rs. 3,000/ - per month. Hence, the present appeal.