- (1.) This appeal is directed against the judgment dated 01.08.2007 vide which the petition under Section 13 of the Hindu Marriage Act, 1955 (in short "the Act of 1955") for dissolution of marriage of appellant-husband Shri Mahesh Kumar with respondent-wife Smt. Sunita Rani, was accepted with costs.
(2.) The marriage between appellant Mahesh Kumar (hereinafter to be referred as "the appellant") and respondent Sunita Rani (hereinafter to be referred as the "respondent") was solemnized on 28.11.2004 at Raman Mandi according to Hindu rites and ceremonies. After the marriage, they cohabited as husband and wife but no issue was born out of the wedlock. Respondent Smt. Sunita Rani filed a petition under Section 13 of the Act of 1955 praying for dissolution of her marriage with the appellant on the ground that being not satisfied with the dowry given by her paternal uncle, who performed the marriage and spent about L 60,000/- thereupon, the appellant had started raising demand for additional dowry in the shape of L 50,000/- in cash. He was addicted to intoxicants and used to beat and torture her. She tolerated the ill behaviour hoping things would improve with passage of time. A number of meetings of Panchayat were convened at the house of her husband for reconciliation but to no better result. Ultimately, she was given severe beatings and was turned out of matrimonial home in the month of February, 2005. She could reach her paternal uncle's house in Raman Mandi very late at night and since then was residing there. Her uncle accompanied by Jugal Kishore, Ashok Kumar, Sunil Kumar, Om Parkash, Babu Ram and Prem Chand etc. went to the appellant but he bluntly reiterated his demand of L 50,000/- and refused to keep her. Submitting that she had been treated with cruelty by the appellant-husband and had been deserted by him, she prayed for dissolution of their marriage.
(3.) The appellant-husband contested the petition. He filed written reply raising legal preliminary objection with regard to cause of action etc. Replying on merits, he alleged that the respondent-wife had relations with one Prem Kumar. When he objected to the same, she started picking up quarrel with him on trivial matters and refused to perform the household chores. Being under the thumb of Prem Kumar, she left the matrimonial home on her own alongwith Jugal Singh and Pappu, in his absence in August, 2005. While leaving, she took away all jewellery and other valuable articles with her. He filed an application before S.S.P., Bhatinda on 20.05.2006 alleging that he was still ready and willing to keep the respondent-wife with him and had filed a petition under Section 9 of the Act of 1955 for restitution of conjugal rights, but it is the respondent-wife who had deserted him. Denying all allegations of the respondent-wife, he prayed for dismissal of the petition.;