ANJALI BHAN Vs. AJAY KUMAR BHAN

JUDGEMENT

(1.) Instant Civil First Miscellaneous Appeal, calls in question judgment and decree of learned Additional District Judge, Matrimonial Cases, Jammu dated 26th September, 2006 in petition under Sec tion 13 of J. & K. Hindu Marriage Act titled "Ajay Kumar v. Anjali Bhan", whereby marriage of the parties has been dissolved. The appeal arises in the following factual background.

(2.) The respondent on 1st June, 2001 filed, a petition under Section 13 of J. & K. Hindu Marriage Act, seeking a decree of divorce. The respondent based his claim for divorce on the ground that the appellant, after solemnization of the marriage, treated the re-' spondent with cruelty. The particulars of cruelty allegedly perpetrated by the appellant on the respondent were spelt out in the petition, as under :-

(3.) The appellant denied all the averments made in the petition and disputed that the appellant treated the respondent with cruelty. The appellant pleaded that the respondent failed to show up at the time of birth of their only child (girl child) and has not till date seen his daughter, not to speak of providing her maintenance and health care. The appellant alleged that the respondent after subjecting the appellant to merciless beating threw her out from marital home on 1st September, 2000 and that the respondent and his parents have even misappropriated Stridhan and other ornaments/property of the appellant; that though the appellant returned to her marital home on the assurance that there would be a change in respondent's behaviour, the respondent continued to misbehave with and harass the appellant and treat the appellant as a domestic servant, frequently subjecting her to severe beating. The appellant claimed to have been constrained to lodge a complaint against the respondent and his family members, after the appellant was continuously threatened by them and that the respondent before the investigating officer admitted all his mistakes and undertook to desist from such activities, in future. The appellant further pleaded that the respondent filed a divorce petition against the appellant and when confronted with his misbehaviour and cruel conduct, allowed the petition to be dismissed on 21st December, 2000. The appellant questioned maintainability of the petitioner in hand on the ground of dismissal of earlier petition brought on identical grounds. The appellant pleaded that after the appellant was reunited with the respondent, the respondent choose not to make any change in his cruel behaviour and continued to harass the appellant, even in the rental premises, where the respondent shifted after having a quarrel with his parents. The appellant claimed to have contributed an amount of Rs. 60,000/- for the construction of the residential house by the respondent. The appellant, levelling allegations of misappropriation of Stridhan and other valuable ornaments and dowry demands, asked for dismissal of the petition.