RIMPAL KUMAR Vs. GHOGHAN

JUDGEMENT

(1.) This appeal has been instituted against Judgment 18.4.2015 rndered by the learned Additional District Judge (III), Kangra at Dharamshala, District Kangra, HP in HMP No. 118- P/III/13/07.

(2.) "Key facts" necessary for the adjudication of the present appeal are that marriage of appellant and respondent was solemnised on 4.12.2002 at Village Mohrain Amri, Post Office Kona, Tehsil Jaisingpur, District Kangra, Himachal Pradesh according to Hindu rituals and customs. Two children namely Kashap and Sourabh were born out of their wedlock. Appellant instituted a petition for dissolution of marriage by way of a decree of divorce under Section 13 ((1)(a) of the Hindu Marriage Act, against the respondent. According to the averments made in the petition, respondent misbehaved with the appellant and his parents and treated him with cruelty. She also filed a complaint to the Pradhan, Gram Panchayat and police that the parents of the appellant were demanding dowry. These complaints were found baseless and no case was registered. She had tried to consume poisonous substance but she was saved by the appellant and his parents. She used to beat up the appellant and his family members. She also threatened to kill the child and to commit suicide. She has made false complaint that the father of the appellant had molested her.

(3.) Petition was contested by the respondent. Allegations contained in the petition were denied. Appellant and his parents had treated the respondent with cruelty time and again. She was maltreated and beaten up for bringing insufficient dowry. She was given severe beatings by the appellants and his parents on 28.4.2003, snatched her ornaments and turned her out of house and forcibly sent her with brother-in-law Ravi Kumar. On 15.10.2003, appellant and his father again started giving beatings to her. On 16.7.2004, again the appellant and his parents gave severe beatings to the respondent and snatched her elder son who was 10 months old and turned her out of the matrimonial home. Since 21.8.2006, respondent was residing at parental house with her minor sons and appellant had not given any maintenance and had neglected them.