POONAM Vs. MOHAN LAL

JUDGEMENT

(1.) This appeal under Sec. 28 of the Hindu Marriage Act (hereinafter called 'the Act') is directed against the judgment dated 4.8.1994 passed by the Addl. District Judge (I), Kangra at Dharamshala, whereby the petition of the Respondent -husband was allowed and a decree of divorce of dissolution of marriage between him and the Appellant -wife was passed on the ground of cruelty provided under Sec. 13(1)(ia) of the Act.

(2.) The Appellant and the Respondent were got married on 7.2.1991 at Village Jawali, District Kangra in accordance with Hindu rites. Thereafter, on 23.9.1992 the Respondent -husband filed a petition praying for a decree of divorce by dissolution of their marriage on the ground of cruelty. The precise allegation made by him in the petition were that immediately after the marriage, he found the wife unfit for the purpose of performing matrimonial obligations. On her check up by a lady doctor, she was found medically unfit for performing sexual intercourse which perturbed the Respondent husband. On being informed of this fact, the mother of the Appellant -wife, along with her two sons, visited the house of the Respondent -husband on 3.7.1991 and took the Appellant wife away to Delhi. This fact was disclosed to her in the Biradari Panchayat held in the house of the Respondent -husband. Further allegations of the Respondent -husband made in the petition are that the brothers of the Appellant -wife, namely, Harish and Rajnish filed false complaints against him before the Superintendent of Police, Kangra, making allegations of demand of rupees two lac in case as dowry as well, as maltreatment of the Appellant -wife by the Respondent husband and other members of his family but lateron neither the Appellant -wife nor her mother or brothers appeared before the Police to substantiate their allegations, as a result of which the said complaint was filed. However, the Appellant -wife filed another complaint before the Deputy Commissioner of Police (crime, women Cell) Nanakpura, New Delhi, in which allegations were made against the Respondent -husband as well as all other members of his family that they wanted dowry from the Appellant -wife and had been maltreating her. According to the Respondent -husband, these false and vexatious allegations made by the Appellant -wife to harass him and the members of his family had caused mental cruelty to him as a result of which it was impossible for him to live with the Appellant -wife. He has further stated that he had not condoned these acts of cruelty and prayed for a decree of divorce.

(3.) In reply, the Appellant -wife has denied the allegations made in the petition and asserted that she was harassed and, tortured by the Respondent -husband as well as by the other members of his family and that her mother and brothers had taken her to Delhi on coming to know her miserable condition. She has specifically denied that she was medically unfit for performing sexual intercourse and according to her these allegations were made in order to force her to accede to the demand of dowry of Rupees two lacs made by the Respondent -husband. It is admitted that a complaint with regard to demand of dowry was filed which was being investigated by the Police.