- (1.) The appellant Rani alias Raj Kaur has filed the present appeal against the judgment and decree dated 16.2.2012 passed by the learned Additional District Judge, Ferozepur whereby her petition seeking dissolution of the marriage between the parties on the grounds of cruelty and desertion has been dismissed.
(2.) The marriage between the parties was solemnized at village Haziwala by way of Anand Karaj ceremony on 13.7.2006. The parties after their marriage lived and cohabited as husband and wife. They have no child from their marriage. The father of the appellant gave sufficient dowry which inter alia includes a motorcycle, 10 tolas of gold ornaments, furniture, bedding etc. According to the appellant, the respondent had undesirable and illicit relations with another lady. The said lady used to visit the house of the parties and when the appellant asked about her, the respondent admitted his relations with her. When the appellant stopped the respondent from entertaining the said lady, he continued with his illicit and undesirable relations. Besides, it is alleged that the respondent used to beat the appellant. She was harassed from the very beginning of her marriage and a demand for more dowry was made. In the last week of October 2007, it is alleged that the respondent gave a severe beating to the appellant.
(3.) However, she kept quiet about this. Since no child was born from the marriage, the mother-in-law of the appellant harassed her. Thereafter, in March 2008, it is alleged that the respondent and his family members gave a severe beating to the appellant and turned her out of the matrimonial home. The father of the appellant convened a Panchayat and went to the house of the respondent. The respondent and his family members, however, insulted them and insisted on their demand for a colour television and a cooler. The father of the appellant then gave Rs.10,000/- for a colour television and cooler. The appellant was left at the house of the respondent. However, there was no change in the attitude of the respondent and his family members. They threatened the appellant that they would arrange marriage of the respondent with another lady. Again the appellant was turned out of the matrimonial home in her wearing apparels. Being, fed up with the behaviour of the respondent and his family members, the appellant decided to get divorce. The respondent then started demanding amount which was spent by him on the marriage, besides, the gold ring and gold tikka which were given to her by the respondent. It is only then that he agreed to give divorce. In order to settle the matter, the father of the appellant gave Rs.34,000/- as cost of expenditure incurred by the respondent on the marriage as well as for the gold ring and gold tikka. A writing to this effect was reduced on the stamp paper in the presence of marginal witnesses namely Inderjit Singh and Baldev Singh. Thereafter, a joint petition for divorce by way of mutual consent in terms of Section 13-B of the Hindu Marriage Act, 1955 was filed in the Court of learned District Judge, Ferozepur. The statements of the parties were recorded at the first motion. The case was then adjourned to 1.6.2010 for recording the statements of the parties on the second motion. At that time the respondent refused to give his consent and statement and the petition under Section 13-B of the Hindu Marriage Act was dismissed. Alleging ill-treatment on the part of the respondent, the petitioner filed the petition for dissolution of the marriage.;