KAUSHALYA DEVI Vs. MASAT RAM
HIGH COURT OF HIMACHAL PRADESH
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H.S.Thakur, J. -
(1.)The appellant, who is the wife of the respondent, filed a petition under Section 13 of the Hindu Marriage Act for the dissolution of marriage between them. The Senior Sub-Judge, Bilaspur (with the powers of District Judge under the Hindu Marriage Act) dismissed the petition of the appellant by his order and judgment dated 24th April, 1980.
(2.)Aggrieved by the same, the appellant has preferred this appeal, The facts relevant to the case may be stated. The appellant (hereinafter referred to as the petitioner) was married to the respondent on 9th Falgun 2026 Bk. No child is bora out of the wedlock. According to the petitioner the respondent maltreated her, he used to give her beatings and did not even provide her with clothings and food. Ai contended by the petitioner, she was not even allowed to talk or have the company of any one in the village including the women folk. The petitioner lived at the honse of the respondent for about one and a half years. Peeling that it was not possible for her to live with the respondent, she came to live with her parents. Some panchayats were held to bring about reconciliation between the parties. The respondent was asked by the members of the panchayat not to give beatings to tbe petitioner. The petitioners (sic - respondents) however, replied that he could give food and clothings to the petitioner, but they had no business to stop him from treating the petitioner in any manner he liked. When the efforts to bring about reconciliation between the parties failed, the petitioner filed a petition for the dissolution of marriage.
(3.)The trial Court after examining the witnesses of both the parties dismissed the petition on the grounds that the petitioner had not been able to establish cruelty against her and moreover there was also delay in filing the petition. It may be pointed out that on the pleadings of the parties as many as 7 issues were framed, but at the time of arguments, only the issue regarding cruelty was pressed.
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