ANU DEVI Vs. SATNAM SINGH

JUDGEMENT

(1.) THIS appeal has been instituted against Judgment dated 27.2.2015 rendered by learned Additional District Judge -II, Una, District Una, Himachal Pradesh in HMA No. 14/2011.

(2.) "Key facts" necessary for the adjudication of the present appeal are that the respondent instituted a petition under Section 13(1)(a) of the Hindu Marriage Act against the appellant, for dissolution of marriage by a decree of divorce. According to the facts as set out the petition, marriage between the parties was solemnised on 6.5.2001 at Garhshankar (Punjab) in accordance with Hindu rites and customs. Parties lived together at Una and marriage was consummated. Appellant refused to maintain the marital sexual relation with the respondent to avoid pregnancy. Appellant used to pick up quarrels. She used abusive language against the respondent. Family members of the respondent were also humiliated. On 5.1.2002, appellant without any cause, left the matrimonial house. Respondent persuaded her to come back. She came back on 20.6.2006. Father of the respondent was serious in January 2009. However, appellant did not look after him. She did not attend the last rites of the Aunt of the respondent. He asked her to give breakfast. She became furious and started throwing utensils. Mother of the respondent was admitted to the hospital. She never served her. She left the matrimonial house on 10.3.2011 without informing anybody. Respondent lost his mother on 4.4.2011. However, appellant did not attend the last rites of the mother of the respondent. Acts of the appellant have caused mental and physical cruelty to the respondent. Petition was contested by the appellant. Appellant denied the allegations contained in the petition. According to her, respondent was habitual of heavy drinking. He has beaten up the appellant and kicked her in the abdomen. She was admitted to the hospital at Una. She lost the child. She was thrown out of the matrimonial home on 17.8.2011 after giving her severe beatings. Respondent has extra -marital affairs with one Mona. He was leading an adulterous life. She has come back to the matrimonial home on the intervention of one Kartar Chand, RW -1. Respondent demanded a sum of Rs. 1.00 Lakh from her. Rejoinder was filed.

(3.) MS . Seema K. Guleria, Advocate, has vehemently argued that her client was subjected to physical and mental cruelty by the respondent. She further contended that the respondent has mal -treated the appellant.