SMT. KAVITA DEVI Vs. SH. SANJAY KUMAR DHIMAN

JUDGEMENT

(1.) This appeal has been instituted against Judgment dated 13.2.2013 rendered by the learned Additional District Judge, Fast Track Court, Una (H.P.) in HMA Case No. 14/86/RBT-FTC-No. 8/11/2006.

(2.) Key facts necessary for the adjudication of the present appeal are that the respondent filed a petition under Sec. 13(1)((i)(a) of the Hindu Marriage Act against the appellant for a decree of divorce on the ground of cruelty. According to the averments made in the petition, marriage between the parties was solemnised on 30.1.2006 as per Hindu rites and customs at village Sanghnai, Tehsil Amb, District Una, Himachal Pradesh. They lived together at village Sohari but the marriage was never consummated between the parties. Appellant was a very adamant lady by nature and right from the first night of the married life, refused to perform marital obligations towards the respondent and disclosed that she was married to the respondent against her wishes and she would not allow the appellant to have any sexual intercourse with her in future. Respondent was humiliated at the hands of the appellant. Appellant refused to have physical relations by openly proclaiming that she was having affair with a boy living at Bombay. She asked the respondent not to touch her. She came under depression. He narrated the sequence of events to his mother. He also tried to convince the appellant. She used to threaten to commit suicide. She has also levelled wild allegations that he was having sexual relations with his niece. He tried to embrace her on 2.4.2006. However, in a fit of rage, she went out of the room of the respondent and went towards village well. She threatened to commit suicide. Matter was reported to the Pradhan of the Gram Panchayat. Father of the respondent also lodged a report with the police on the next morning.

(3.) Petition was contested by the appellant. It is denied that the marriage was never consummated. Appellant's father had spent a lot of money to fulfil the demands of the respondent's family. She was very humble, adjustable and god fearing woman. She treated the appellant as God. She has never refused to have sexual relations with the respondent. She has fulfilled all the marital obligations. As such marriage was consummated. She had no affair with any boy. She never misbehaved with the mother of the respondent. She was ready and willing to stay with the respondent and to spend whole life with the respondent. It is denied that she tried to commit suicide by jumping into well on 2.4.2006. Respondent and his family members demanded Rs. 1,50,000.00 in cash from her to buy a car. However, after a few days of marriage, they started abusing and maltreating her. She was constrained to file petition under Sec. 498A IPC, a petition under Sec. 125 CrPC. She also filed proceedings before the Women Cell, Dharamshala to resolve the matter on 10.7.2006 and another application on 7.6.2009 before Pradhan of village Sohari.