LAWS(CHH)-2017-6-20

SMT. PRIYANKA SINGH Vs. AMIT SINGH

Decided On June 29, 2017
Smt. Priyanka Singh Appellant
V/S
Amit Singh Respondents

JUDGEMENT

(1.) The appellant would assail the impugned judgment and decree whereby her application under section 13 of the Hindu Marriage Act, 1955 for grant of decree of divorce, has been dismissed.

(2.) The parties were married on 30-05-2009 and they have a son out of the wed-lock. The application seeking divorce was preferred on the ground that the family members of the respondent/husband were demanding golden chain; they withdrew a sum of Rs. 50,000/- from her insurance policy; she was subjected to assault in her matrimonial house; the husband tried to abort her when she was carrying pregnancy in the year 2010; she was thrown out of the house in the midnight and she was threatened that if she does not leave the matrimonial house, she will be set on fire. It is also alleged that on 15-01-2012, she was dropped at her parental house at Bankimogra at 11-00 p.m. where she is presently residing.

(3.) The respondent denied all the allegations made in the plaint. In course of trial, the appellant examined herself (AW-1) and her sister-in-law (Bhabhi) Smt. Sushma Singh (AW-2). However, the respondent did not examine any witnesses. The appellant submitted affidavit of one Ramesh Kumar but he was not produced for cross-examination, therefore, his statement cannot be read in evidence.