SEEMA DEVI Vs. DINESH KUMAR

JUDGEMENT

(1.) The instant appeal stands directed against the pronouncement recorded by the learned Addl. District Judge, Sirmaur District at Nahan, H.P., upon, H.M.A. Petition No. 3-N/3 of 2012, wherethrough, he dissolved the marital ties inter se, the, appellant herein, with, the respondent herein.

(2.) The brief facts of the case are that the respondent (hereinafter called as the petitioner) was married to the appellant (hereinafter called as the respondent) on 31st Jan., 2008, according to the Hindu rites and ceremonies. Out of this wedlock a son was born. The respondent in the first week of Feb., 2008, started pressurizing him to purchase a plot at Paonta Sahib and construct residential house so that she could live there. The respondent, was asked to wait for some time, but she was not satisfied and started abusing, quarreling and deserting the petitioner without any reason. She also starting misbehaving with the parents of the petitioner. On 8.2.2008, close relatives of the petitioner had come to the house and when asked to prepare teat, respondent refused and commented that she was dragged in the hell and could not live with them. On 12.2.2008, she left the house at her own and on 24.2.2008, she called the petitioner to Ranjan Hospital, Yamunanagar, where she was surprised to know that a surgery has been conducted upon the respondent. He paid a sum of Rs.3,000.00, there and the respondent could not explain as to why this surgery was got conducted without informing him and at the same time, she refused to return despite of being requested time and again. On 15.8.2008, the respondent visited the matrimonial house on the request of the sister of the petitioner, and started raising hue and cry in the house by becoming quarrelsome and insulting the petitioner and his parents. On 3.10.2008, meeting was convened in the house of Shri Sanjay Kaushal, who acted as a mediator to settle the dispute, but the respondent slapped the petitioner in the presence of the relatives and matter was to be reported to the police. On 20.10.2008, a false FIR was lodged against the petitioner and his family members and they were harassed. On 29.12.2009, the matter was amicably settled with the intervention of the local people of biradari and a compromise deed was to be filed before the D.M. Nahan. On 20.2.2010, the respondent attended Satya Narayan Katha in the house of petitioner, but abused him and his family members on the plea that they had failed to arrange separate residence at Poanta Sahib and after misbehaving and threatening the petitioner left the house on the same day and did not return. These acts and conduct of the petitioner are stated to have mentally and physically tortured the petitioner and it amount to physical and mental cruelty. The respondent is also said to have deserted the petitioner by not returning to the house as she is serving in Health department, Haryana. It is averred that the petition has not been filed in collusion of the respondent and the cause of action accrued on 20.2.2010 and is still continued. On the basis of these averments, the petitioner has sought the divorce on the aforesaid grounds.

(3.) The petition for divorce instituted by the petitioner before the learned trial Court, stood contested by the respondent, by hers instituting a reply thereto, wherein, she controverted all the allegations constituted against her in the apposite petition. He has denied that her behaviour was not proper, rather the petitioner is not treating her in proper manner. The respondent claimed that at the time of their marriage sufficient dowry was given by her parents to the petitioner and his family members, but they being greedy and having lust of dowry were not satisfied with the same and started perpetuating cruelty on the pretext that the Santro car was not given in the marriage. It is further stated that when she showed her inability to arrange dowry beyond the capacity of her parents, the petitioner and his parents became furious and gave merciless beatings to her, but she kept on tolerating everything with the hope that good sense will prevail one day. On 15.7.2008, she was allegedly thrown out of the matrimonial house when she was having five months pregnancy after having given merciless beatings with a threatening note that she shall be permitted to enter the house only after Santro car is arranged. The son was born on 23.11.2008 in the hospital, but the petitioner and his family members did not come despite of being informed nor any expenses were born by them. It is further averred that all these acts and conduct of the petitioner and his family members how that they have no love and affection for the respondent and the child and they, therefore, are responsible for break down of the marriage. The respondent denied that she had pressurized the petitioner to construct a house after purchasing the plot at Paonta Sahib. According to her, she had been residing in Govt. accommodation allotted to her at PHC, Chhachrauli and had no reason to ask the respondent for residence at Paonta Sahib. The respondent denied other allegations and justified the lodging of FIR as she was compelled to do so by the petitioner and his parents. She pleaded that she was compelled to enter into a compromise after pressure was exhorted by the biradari and lateron, the petitioner did not keep his words and abide by the under taking to the effect that the respondent shall kept nicely and therebefore, the case could not be withdrawn.