- (1.) HAVING been unsuccessful in seeking a decree of divorce by dissolution of her marriage with respondent -husband Bhim Singh (hereinafter mentioned as the husband), the appellant -wife Smt. Paramjeet (hereinafter mentioned as the wife) has sought reversal of the judgment dated 7.9.2012 passed by the District Judge, Jind [whereby her petition under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act)] had been dismissed.
(2.) MARRIAGE between the parties had been solemnised on 7.5.2006 at village Pai, District Kaithal according to Hindu rites and ceremonies. The parties had lived together in the matrimonial home at village Fatehpur, District Kaithal. The marriage was consummated; a female child named Ms. Nisha was born out of this wedlock on 14.7.2007. Allegations of cruelty, beating and maltreatment at the hands of the husband had been made by the wife, elaborating, that though sufficient dowry had been given by her father and maternal uncle i.e. by spending more than Rs.4 lacs in the marriage, but even then dissatisfied as he was, the husband had been raising demand of a motorcycle as also of a refrigerator. It is claimed that inability to fulfil such demand had resulted in her harassment and maltreatment without any rhyme or reason.
(3.) TELLING her tale of woes, it has further been pleaded in the petition that a daughter was born to her in her parental house, where entire expenditure was borne by her father as she had been kicked out of the matrimonial home by the husband. It has further been explained that neither the husband nor his family members ever came to take her back and when her father took her to the matrimonial home and requested the husband and his family members to keep her with love and care, there was no change in their behaviour. It is further claimed by the wife that she was treated like a servant and she used to toil in the fields as also in the house but was denied even proper food, love, care and protection. It is also explained by her that they used to blame her for giving birth to a daughter and used to resent that they would be required to arrange money for her education and marriage. Coaxing the wife, the husband and his family members used to force her to bring cash from her father and maternal uncle to support and sustain the daughter who had been born to them. Giving specific instance of her merciless beatings, the wife has given details as also genesis of such rough behaviour of the husband and his family members. Giving further instance of July, 2011, conduct of the husband and his family members has been depicted. She was thrown out of the matrimonial home alongwith the minor daughter whereupon a Panchayat of respectables of villages Teli Khera and Pai had proceeded to her matrimonial home to convince the husband and his family members to be polite to her and not to harass her. Under pressure of the Panchayat, she was allowed to stay with the husband but he as also his family members continued to manifest rough behaviour which increased in intensity by merciless beatings by the husband under the influence of liquor. She continued tolerating the cruel treatment to save her married life but when she was finally turned out of the matrimonial home on 29.9.2011 for non -fulfilment of their dowry demands, her Streedhan as also gold ornaments were retained and she was asked not to keep any relation with them. Right from that time, she was staying with her parents. Having suffered physical as also mental cruelty at the hands of the husband and his family members, she had filed the petition for seeking divorce as there was no chance of their living together.;