SMT. SUMAN Vs. VIJAY KUMAR

JUDGEMENT

(1.) Both these appeals have been filed by the appellant wife against the order dated 30.1.2017 passed by Family Court, Sri Ganganagar in Civil Misc. Case No. 1031 of 2014 whereby the learned family court dismissed the application under Section 13(1) (A) Hindu Marriage Act filed by the appellant and allowed the application under Section 9 of the Hindu Marriage Act, 1955 filed by the respondent-husband. Brief facts of the case are that the marriage of the appellant with the respondent was solemnized on 8.5.2014. No issue was born to them after the marriage. After marriage, the appellant-wife came to know that respondent consumes wine, smack and respondent-husband was having illicit relations with various ladies and also torturing her physically and mentally for sexual intercourse. Her husband demanded Rs. 2 lakhs for work in Mumbai and on showing in-capabilities she was beaten. When she said that her parents are poor and have spent more than their capacity then her husband and his family members were giving her beatings and threatened to kill her. Till after one month and 15 days of the marriage behaviour of respondent and his family members remained unchanged and demanding motor cycle and cash in dowry then she said to her parents, upon which in the month of June 2014 they convened panchayat at her matrimonial house wherein the respondent and their family members accepted their mistake and assured not to torture the appellant for dowry in future. After some time her husband and his family members again started demanding dowry. Her husband used to come in intoxicated condition in the night and brutally beat and abused her and on 29.7.2017 her husband and his family members gave her beating for demand of motor cycle and in the night they expelled her from the house. The parents of the appellant by convening panchayats two-three times tried to settle the dispute and on 24.8.2014 panchayat was convened at her parental house but in that panchayat her husband and his family members were adamant for their demand of dowry and threatened for second marriage of her husband. On demand of stridhan, they refused to return the same and since 29.7.2014 the appellant is living at her parental house.

(2.) Thereafter the appellant-wife filed an application under Section 13 (1) (A) of Hindu Marriage Act before the learned Family Court, Sri Ganganagar and another application under Section 9 of the Hindu Marriage Act was filed by the respondent-husband.

(3.) The appellant-wife and respondent-husband filed their respective replies to the aforesaid applications and they denied all the facts of the respective applications and respondent-husband stated that behaviour of the appellant-wife after the marriage was quarrelsome and she without any plausible reason quarreling with the respondent and his family members on petty issues. In the panchayat convened on 24.8.2014, the respondent-husband shown his readiness and willingness to keep the appellant being wife but the appellant-wife was ready to live with respondent being wife and threatened to lodge a false case of dowry. The appellant lodged a criminal case against the respondent which is pending. It is further stated by the respondent-husband that the appellant-wife left his house in his absence and carried the stridhan without any plausible reason.