PAWAN KUMAR Vs. ANJANA KUMARI

JUDGEMENT

(1.) This FAO (HMA) is directed against the judgment, dated 01.06.2012, passed by the learned District Judge, Hamirpur, H.P., in HMA Petition No. 95 of 2009. 'Key facts' necessary for adjudication of this FAO, are that the marriage between appellant-petitioner (hereinafter referred to as 'the petitioner' for the sake of convenience) and respondent was solemnized on 09.05.2005 in accordance with Hindu rites and customs in village Baldwara, Tehsil Sarkaghat, District Mandi, H.P. The parties started residing together as husband and wife in village Jajri, Tappa Dhatwal, Tehsil Barsar, District Hamirpur, H.P. Two children were born out of this wedlock. According to the petitioner, the behavior of respondent towards him was indifferent. A case under Section 498-A of the Indian Penal Code was registered against him, his parents and sister at the instance of the respondent. They were arrested. However, the case was dismissed on the basis of a compromise. The petitioner took the respondent to Darjling in 2008. In April, 2009, at Darjling, she sprinkled kerosene oil on her. On 22.09.2009, the respondent threatened to kill the petitioner. Thus, it was not possible for the parties to live together as husband and wife.

(2.) The respondent has filed a detailed reply. According to her, she was treated with cruelty. She was tortured, maltreated and humiliated by the petitioner. She was deprived of food, clothing and all other necessities of day-today life. She was forced to sign divorce papers. She was forced to leave her matrimonial house without any rhyme or reason. She has approached the Panchayat and police against the behavior of petitioner and his family members. According to her, her father has deposited a sum of Rs. 40,000/- on 07.05.2005 in the H.P. State Cooperative Bank, Baldwara in her account. However, after marriage, she was forced to withdraw the amount and the same was given to the petitioner. A local Panchayat was also convened on 12.04.2006. The petitioner has agreed not to insult her. However, the petitioner and his family members did not stop maltreating her. Thereafter, her father reported the matter to Incharge, Police Post, Deotsidh. The matter was compromised. She has denied that she had threatened to commit suicide at Darjling in order to involve the petitioner in a false case. She has denied that she has ever threatened the appellant with knife on 22.09.2009.

(3.) Learned District Judge, Hamirpur, H.P. framed the issues. The petition was dismissed by the learned District Judge, Hamirpur on 01.06.2012.