REKHA Vs. PRAMOD KUMAR

JUDGEMENT

(1.) This appeal has been filed by the wife against the judgment of the learned Additional District Judge No.1. Chittorgarh dated 4-12-1997 passed in Civil Misc. Case No. 154/92 dismissing the wife's petition for dissolution of marriage.

(2.) Brief facts of the case are that on 14-7-1992 the appellant submitted the petition under Section 13 of the Hindu Marriage Act (hereafter to be referred to as 'the Act') seeking dissolution of marriage on the ground of cruelty, and desertion for last eight years.

(3.) The brief allegations are that the marriage of the parties was solemnized on 12-12- 1997 according to Hindu rites, thereafter the appellant went to the matrimonial home some four times, and lastly lived there in the year 1984, when the appellant's father left her to Nimbaheda at that time, the respondent manhandled her, and tried to kill her by pouring kerosene, the appellant's watch was broken, her documents regarding education were set ablaze, in that process the appellant had to come out of the house, and go to Narayangarh. The husband followed her, and gave out that he does not want this lady as wife, so let her remain at that place (Narayangarh) only. It is then alleged that thereafter about 5-7 days later, the appellant's uncle Ram Singh came to Narayangarh, to whom the appellant's father in law gave out that she may be married anywhere else, as they are not prepared to keep her as their "Bahu", whereupon, the appellant's uncle took her to Nimbaheda, and since then tried to invoke good offices but to no avail. It was also alleged that the respondent used to level wild allegations, and harassed the appellant. It was also alleged that about an year back the appellant's cousin (son of Bhua) came to mediate, to whom also, the husband clearly gave out that he has already made it clear years and years back that he is not prepared to keep her as wife, then they should have remarried her with anybody else, so much so that if they are not able to get any other boy then Himmat Singh himself should have kept her. It was also alleged that at the time of marriage both spouses were minor, therefore, the marriage is void and since the marriage was not consummated, the wife is entitled to the decree for divorce.