LAWS(RAJ)-2004-2-19

MEERA Vs. RAMESH CHAND

Decided On February 05, 2004
MEERA Appellant
V/S
RAMESH CHAND Respondents

JUDGEMENT

(1.) This appeal by the appellant-wife is preferred against the judgment and decree dated 15-1-1998, whereby learned Additional District Judge, Rajgar (Alwar), dismissed the application of the appellant for divorce.

(2.) Briefly narrated the facts are that the appellant Smt. Meera filed an application for divorce as provided under Section 13(1)(ia) of Hindu Marriage Act, 1955 (in short the 'Act') on 19-10-1995, with the averments that she was married to respondent Ramesh Chand on 9-5-1990 at village Tehla district Alwar according to Hindu rites and rituals. 'Gona'ceremony was performed after a period of three years of the marriage. After 8-10 months her husband and his other family members started cruelty on account of demands of dowry and giving beatings to her. She narrated all these facts to her father. Thereupon on persuasion by her father and other persons of the village, her husband and father-in-law while admitting their mistake and not to repeat such behaviour executed a document on 5 rupees stamp paper. But they continued cruelty to her and even inflicted burn injuries and she was expelled from her house by her husband on 16-5-1995. She also got a criminal case registered against her husband for an offence under Section 498A, I.P.C. The respondent husband in his reply filed on 27-4-1996 denied all the allegations of cruel treatment and beating.

(3.) Following issues were framed. (Vernacular matter omitted)