NEELIMA VERMA Vs. MANISH KUMAR

JUDGEMENT

(1.) THIS is the wife 'sappeal against the judgment and decree of the learned Additional District Judge (Fast Track Court), Solan, passed in a petition under Section 13 of theHindu Marriage Act, 1955 (hereinafter referred to as the Act) filed by the respondent -husband praying for a decree of dissolution of marriage on the grounds of cruelty and desertion.

(2.) THE parties were married according to the Hindu rites on 14.10.1994. From this wedlock, one female child was born on 28.7.1995 who is now admittedly in the custody of the appellant -mother. The respondent -petitioner alleged that the appellant had deserted the respondent 's company and left the matrimonial home for a continuous period of more than two years as on the date when the petition was filed that is 19.4.2001. Despite best efforts made by him, his parents and well wishers the appellant did not care to rejoin his company. He pleaded that he was working as a teacher in the Government Middle School in Tehsil Pachhad, District Sirmaur. His father is a government contractor and his mother is a retired teacher. He is the only son of his parents and looking after them in their old age. He pleads that the appellant did not like the respondent staying with his parents and was forcing him to separate from them. When she failed in this attempt, she made false and reckless allegations against the respondent, that she was being beaten up since she had not brought adequate dowry and was constantly taunted for giving birth to a female child etc. .

(3.) THE petition was resisted by the wife on a number of grounds. The appellant submitted that she was taunted for bringing inadequate dowry; she was tortured physically and mentally by the respondent and his family members and was repeatedly told that the respondent had better offers for marriage where the prospective bride was willing to give a car etc. as dowry. She was subjected to constant taunts/humiliation for giving birth to a female child, was never allowed to wear ornaments except when any photographs etc. were to be taken on function. She was asked to leave the house and was threatened that in case she ever made an attempt to return, she would be physically assaulted and her legs would be "broken" (sic) fractured. The motive for filing divorce petition was to get rid of her so that the respondent could marry again and get hefty dowry. This is the gist of the pleadings of the parties.