- (1.) THE appeal has been filed by Smt. Rajni -appellant -wife against the judgment and decree dated 8.1.2014 passed by District Judge, Family Court, Bhiwani, whereby petition of the appellant seeking dissolution of marriage between the parties by a decree of divorce on the ground of cruelty and desertion as envisaged by the provisions of Section 13 (1) (ia) and (ib) of the Hindu Marriage Act, 1955 ('Act' for short), has been dismissed.
(2.) THE marriage between the parties was solemnized at Bhiwani according to Hindu rites and ceremonies on 8.12.2010. From the marriage, the parties have no issue. According to the appellant, her parents spent about Rs.6 lacs in the marriage. Besides, gold and silver ornaments, valuable clothes, domestic articles and electronic items were given to her by her parents. However, the respondent -husband and his family members were dissatisfied with the dowry and they taunted her for brining inadequate dowry. A demand for an Alto car, besides Rs.2 lacs in cash, gold chain and gold ring was raised. It is alleged that the appellant was periodically given a beating by the respondent and his family members. An application was moved before Superintendent of Police, Bhiwani on 8.8.2011 against the respondent and his family members. She was ousted from her matrimonial home on 16.3.2011. The appellant also filed a petition under Section 125 of the Code of Criminal Procedure seeking monthly maintenance, besides she has also filed a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005. Therefore, she prayed for grant of a decree of divorce.
(3.) THE respondent -husband contested the petition. He denied the allegations for demand of dowry. It is alleged that the behaviour of the appellant from the very inception of the marriage was abnormal towards the respondent and his family members. The respondent performed his obligations as a good husband and provided all amenities and facilities to his wife. In the absence of the respondent and his family members, Deepak, brother of the appellant, came to the house of the respondent on 18.3.2011 and took the appellant with him to her parental home with all the valuable clothes, gold and silver jewellery. The respondent went to the parental home of the appellant three/four times to bring her with him, but the appellant and her parents flatly refused. The respondent convened a panchayat to settle the matter but parents of the appellant flatly refused to send her with him. They threatened that they would involve the respondent and his family members in a criminal case. It is stated that the appellant herself had withdrawn from the society of the respondent. It was prayed that the petition of the appellant be dismissed. From the pleadings of the parties, learned trial Court framed the following issues: - 1. Whether the petitioner (now appellant) is entitled to decree of divorce on the grounds of cruelty and desertion, as alleged? OPP 2. Whether the petition of the petitioner (now appellant) is not maintainable in the present form? OPR 3. Whether the petitioner (now appellant) has no cause of action or locus standi to file the present petition? OPR 4. Whether the petitioner (now appellant) is estopped by his (sic. -her) own act and conduct from filing the present petition? OPR 5. Relief.;