GEETA KASHYAP Vs. SATISH KUMAR

JUDGEMENT

(1.) THIS appeal has been preferred by the wife against the judgment and decree of the learned Additional District Judge, Shimla, dismissing the petition of the appellant/wife, herein praying for a decree of divorce for dissolution of the marriage between the parties to this appeal on the allegations that she has been subjected to mental and physical cruelty within the meaning of Section 13(1) (ia) of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act). She pleads that after the solemnization of her marriage she was residing with her husband and family at Kangra for some time. When they returned to Shimla, the respondent -husband started making unreasonable demands for dowry, subjected her to mental and physical cruelty. She was beaten up and turned out of the house in the middle of the night, threatened with dire consequences and she had to take shelter in the house of her relations at Shalaghat.

(2.) SOME kind of compromise was worked out between the parties by the Mukhia Nirankari Bhawan, Bemloe Chowk, Shimla, but things did not work out smoothly with the result that she was forced to leave the matrimonial home and part company with the respondent in October, 1996, as it had become impossible for her to live with him. There was reasonable apprehension in her mind that it would not be safe for her to reside with the respondent.

(3.) THE respondent resisted the petition on the grounds that the allegations made are false and it is the appellant itself who left the matrimonial house without any justifiable reason and excuse and that the respondent was in no manner responsible for turning out her out of the matrimonial home.