S.S. Saron, J. - (1.) THIS appeal has been filed by Mithlesh @ Mitesh -appellant against the judgment and decree dated 06.08.2001 passed by the learned Additional District Judge, Rewari, whereby the petition filed by the respondent -husband under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act') seeking dissolution of the marriage between the parties by a decree of divorce on the ground of cruelty and desertion has been allowed.
(2.) THE marriage between the parties was solemnized according to Hindu rites and ceremonies at village Basai, Tehsil Behror, District Alwar (Rajasthan) on 20.04.1996. After marriage, the parties lived together as husband and wife at village Naichana, Tehsil Bawal, District Rewari. They co -habited together for one year and thereafter, the appellant went to her parental house. The respondent -husband waited for her return for about a fortnight and when she did not return then he along with Mahipal son of Ram Singh, Roshan Singh son of Mohar Singh and Ramesh Singh son of Udey Singh went to village Basai as mediators. However, the appellant and her family members insulted them; besides, threatened them that the respondent and his family members would face problems. Again Naurang son of Jag Ram and Rattan Singh son of Sheo Nath Singh went to village Basai to settle the matter. However, the appellant and her family members again threatened them. The respondent husband then filed a petition under Section 9 of the Act against the appellant. The parties then filed an application on 07.01.2000 in the Court of learned Additional District Judge, Rewari for permission to file a joint petition under Section 13 -B of the Act. In view of the filing of the said application, the petition under Section 9 of the Act that was earlier filed was dismissed on 15.03.2001 as having been rendered infructuous. However, later, the appellant wife refused to file a joint petition under Section 13 -B of the Act. Therefore, the respondent filed the petition, out of which this appeal arises, seeking dissolution of the marriage between the parties by a decree of divorce on the ground of cruelty and desertion. The appellant in her reply denied the allegations made by the respondent -husband. It was stated that she was turned out from her matrimonial home by the respondent saying that he did not want to keep her as his wife and he would obtain divorce. Besides, it was also pleaded by her that in case she was again sent to her matrimonial home, the respondent may again beat her and he may even kill her. In view of the threats that were held out by respondent -husband, the life of the appellant was not safe. The appellant also prayed that she may be granted a decree of divorce as respondent -husband does not want to keep her as his wife.
(3.) ON the pleadings of the parties, the following issues were framed: - (1) Whether the respondent (now appellant) has treated the petitioner (now respondent) with cruelty and the marriage deserves to be dissolved? OPP. (2) Whether the respondent (now appellant) has deserted the petitioner (now respondent) without any reasonable cause? OPP. (3) Whether the petition is not maintainable? OPR. (4) Relief.;