- (1.) By way of this appeal, Smt. Sushma Taya-appellant (hereinafter to be referred as "the appellant") assailed the judgment and decree dated 19.07.2014 passed by learned Additional District Judge, Karnal, allowing the petition in H.M.A. case No.56 dated 15.11.2011/09.09.2013 filed under Section 13 of the Hindu Marriage Act, 1955 (hereinafter to be referred as "the Act of 1955") filed against her by her husband Arvind-petitioner-respondent.
(2.) The facts which need elaboration are as under:- The marriage between appellant Sushma Taya and respondent Arvind was solemnized on 04.12.2008 according to Hindu rites and ceremonies at Karnal. After marriage, they lived together as husband and wife but no issue was born out of the wedlock. Arvind alleged that on the very first night of their marriage, the appellant disclosed to him that she had been married without her consent as she was having relations with some other person. Her behaviour towards him and his family members was rude and abusive. She always refused to perform household chores and also declined to share bed with him. She used filthy language towards him and his family members and wasted his income on luxurious items. She wanted him to live separately from his parents and when he denied to accept her demand, she threatened to commit suicide and to involve him and his family in false criminal case and also levelled false allegation on the character of his father. Just after 10 days of the marriage, she left the matrimonial home. Her uncle Ram Kumar and brother Balwinder tried to make her understand when he visited her parental home to bring her home, but she bluntly refused to join his conjugal company. A false First Information Report was got registered by her against him and his family members which also amounted to cruelty towards him.
(3.) Appellant contested the petition. In the written statement filed by her, she pleaded that a huge sum was spent on marriage and dowry by her parents, but just after two days of marriage her husband and his family members started showing resentment for having been given inadequate dowry. Their verbal taunts gradually turned into violent acts. Her husband Arvind demanded "40,000/- for starting a business and when she refused to convey his demand to her mother, she was ill treated by him. Her mother came to know about the torture being given to her. She somehow arranged the amount of "40,000/- by borrowing from relatives and gave the same to her husband, who spent the amount on drinking and gambling. His father was having a lustful eye on her and used to utter obscene words. When she informed her husband about his conduct, he became furious and gave beatings to her saying that she was raising false allegation. Appellant further alleged that on 13.01.2009 on the festival of Lohri, her mother visited her matrimonial home and brought valuable clothes and sweets etc. but her husband demanded a car and when she resisted he gave a slap to her. Noticing the reddish impression on her face, her mother enquired about the reason and on being told requested her husband and family members not to raise demand or ill treat her. However, on 15.02.2009, she was given severe beatings by her husband and was turned out of the matrimonial home in the night at 10 P.M. She kept sitting outside the house throughout night and in the morning went to her mother's place. It was further submitted by the appellant that when she demanded her dowry articles, her husband and family members refused to return the same, on which she got registered First Information Report No.241 dated 11.04.2009 under Sections 294, 406, 498-A, 506 and 323 of the Indian Penal Code. Denying all allegations of her husband Arvind and raising legal objections regarding maintainability of the petition and estoppel etc., she sought dismissal of the petition.;