ANJANA DEVI Vs. MANJIT SINGH

JUDGEMENT

(1.) The instant appeal stands directed against the judgment rendered by the learned Additional District Judge, Fast Track Court, Hamirpur, H.P. ON 22.08.2012 in H.M.A. Petition No. 41 of 2009, whereby, the petition aforesaid constituted therebefore by the petitioner/appellant herein stood dismissed.

(2.) The brief facts of the case are that the marriage inter se the contesting parties hereat stood solemnized on 4.12.1994 at village Matwar, PO Jalari, Tehsil Nadaun, District Hamirpur, H.P. Two children stand begotten from their wedlock. In the apposite petition, the petitioner herein averred qua the respondent herein had at public place abused and assaulted her whereupon she stood constrained to lodge an FIR with the Police Station, Naudan. Also she averred therein on 11.05.2007, the respondent herein assaulting her at bus stand Naudan, in sequel, whereto injuries stood inflicted upon her. She continued to aver therein qua the respondent herein being habitual drunkard besides his openly threatening to eliminate her. Since, three years hitherto, the institution of the apposite petition before the learned Additional District Judge, Hamirpur, she avers of her staying with her parents. She avers of the respondent herein not making any concerted efforts to retrieve her to her matrimonial home whereupon she deposes qua the respondent herein hence with his holding the apposite animus deserdendi alienating her from his matrimonial company. Moreover, she avers qua her stay at her matrimonial home being incongenial arising from the respondent herein perpetrating physical cruelty upon her rendering her stay with the respondent herein at latter's home to be unsafe.

(3.) The petition for divorce instituted by the petitioner/appellant herein before the learned Additional District Judge, Hamirpur stood contested by the respondent herein by his instituting reply thereto wherein he controverted all the allegations constituted against him in the apposite petition by the appellant herein in the petition.