SMT. UPNESH KUMARI Vs. KAMLESH KUMAR

JUDGEMENT

(1.) The Appellant -wife is aggrieved by the decree and judgment dated 9.12.1993 passed by the District Judge, Kangra at Dharamshala whereby decree of divorce has been passed dissolving the marriage between her and the Respondent -Husband on the ground of cruelty.

(2.) The parties were married on 18.2.1990. After their marriage, the parties lived and cohabited together as husband and wife at village Jadrangal, Tehsil Dharamshala, District Kangra. No child was born to the parties. On 13.12.1992, the Respondent -husband filed a petition alleging the acts of mental cruelty which are: Without reasonable cause, the Appellant -wife, after a few days of their marriage, left the matrimonial home without the consent of the Respondent -husband and started living at her parent's house. She took with her the valuables of the house, that is, ornaments, utensils etc. etc. On the asking of the Respondent -husband, she told him that he was not to her liking and she did not want to live and settle with him as his wife. When the Appellant -wife did not return to her matrimonial home, the Respondent -husband went to her parent's house to bring her back, where in the presence of her parents and other relations, she levelled serious allegations against him and humiliated him. She also threatened to defame him in the eyes of the public and drag him to the Court of law. According to the Respondent -husband, she had not joined his company for the last two years before the filing of the petition, as such, she had deprived him of his matrimonial right of consummation which amounted to mental cruelty. Later on, the Appellant -wife filed an application under Sec. 125 Code of Criminal Procedure for maintenance wherein she made allegations against the Respondent -husband that he was a drunkard; that he demanded dowry and also that he had illicit relations with his brother's wife. According to the Respondent -husband, he had lost his parents at a very young age and his elder brother and his wife, namely, Amar Singh and Smt. Ahilya Devi, against whom the allegations were made, had brought him up, educated him and got him married with the Appellant -wife. According to the Respondent -husband, she had also filed a false case against him under Ss. 498A, 306 read with Sec. 34 I.P.C. His brother and sister -in -law, Smt. Ahilya Devi were also implicated in the said case. In these circumstances, the Respondent husband had not visited his native village Jadarangal and used to remain mostly at the place of his posting and occasionally went to meet his brother and sister -in -law. As per the Respondent -husband, in these circumstances, it was not possible for him to live with the Appellant -wife and he sought decree of divorce by dissolution of marriage.

(3.) The Appellant -wife in her reply denied the allegations made in the petition. She has admitted that she lived with the Respondent -husband for six/seven months after their marriage and thereafter due to demands of dowry, which she could not fulfil, the Respondent -husband started giving her merciless beatings which compelled her to leave his house. According to her, the Respondent -husband was a habitual drunkard and whenever she objected to it, he used to maltreat her. He had also turned her out two/three times from the matrimonial home. She has admitted that she had filed an application under Sec. 125 Code of Criminal Procedure for maintenance and had made allegations therein that the Respondent -husband had illicit relations with his brother's wife, which were correct. She has also admitted that a case under Ss. 498A, 306 read with Sec. 34 I.P.C. was filed against the Respondent -husband, his brother and sister -in -law and it was pending in the Court of law.