Raj Mohan Singh, J. - (1.) - CM-13476-CII of 2006 This is an application under Order 41, Rule 27 CPC read with Section 151 CPC for permission to adduce additional evidence. Perusal of this application shows that the appellant intends to adduce additional evidence. The particulars of additional evidence have not been given inasmuch as that the particulars viz. names of the witnesses to be examined are not forthcoming. The application is vague and does not contain legal requirements of law. Applicant being American citizen cannot be absolved of legal requirement of law. Ignorance of law cannot be allowed to be a shield to claim production of additional evidence in appeal. The applicant having failed to get the decree through attorney cannot be permitted to seek denovo trial under the garb of production of additional evidence at this belated stage. Finding no substance in the application, the same is dismissed. FAO-M-163-M of 2006 Appellant-wife feeling dissatisfied with the judgment and decree dated 18.01.2006 passed by the Additional District Judge (Adhoc), Jalandhar has filed the present appeal.
(2.) Appellant filed a petition under Section 13 of Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') for dissolution of marriage with the respondent/husband-Pardeep Kumar. Appellant pleaded in the petition that her marriage was solemnized with the respondent on 15.06.1997, according to Hindu rites and ceremonies. After the marriage, she joined the company of the respondent in village Samrari, Tehsil Phillaur, District Jalandhar. Appellant-wife filed the petition for divorce with the following allegations/pleadings:- (a) After the settlement of the marriage, father and other relatives of the respondent came to meet the father of the appellant about 3 days prior to the marriage. They insisted upon sufficient dowry to be given in the marriage. They also demanded that honouring of in-laws be done with rings to all of them. They compelled the father of the appellant-wife to serve good food to the members of the marriage party by serving non-vegetarian food and liquor. Since father of the appellant-wife was not in a position to serve non-vegetarian food to the members of the marriage party as he belonged to a vegetarian family, the father of the respondent and other relatives became annoyed and insulted the father of the appellant and stated that in future he would be taught a lesson. (b) After marriage the appellant-wife handed over valuable articles and ornaments to the respondent and his parents including valuable furniture, bedding's, clothing's, utensils and gold ornaments. These articles were lying in the custody of the respondent. (c) Immediately after the marriage, the respondent and his family members started harassing the appellant and were not satisfied with the dowry. The husband and in-laws maltreated the appellant on the ground of inadequacy of dowry and caused physical as well as mental cruelty to the appellant/wife. She was given beatings many a times. (d) The appellant wife further contended in the petition before the trial Court that after one week of marriage, the respondent asked her father to pay Rs.4 lacs to go abroad. The in-laws further proclaimed that the marriage of the respondent was solemnized with the appellant-wife with a view to send the respondent to U.S.A, otherwise they were not ready to solemnize the marriage between them. Father of the wife was not ready to pay the amount of Rs.4 lacs. The father of the respondent took the ornaments from the wife on the pretext that the same were to be kept in a locker as there was apprehension of theft or dacoity in the house. Thereafter, the ornaments were never given to the appellant by the respondent and his family members. The appellant was deprived of her ornaments on the occasion of marriage and other functions. Even these were not given while going to U.S.A. Appellant further alleged that during her stay in India, she was given merciless beatings many a times by the respondent, his mother and sister. Appellant went back to U.S.A. (e) In the year 1998, respondent made a call to the appellant in U.S.A that she should ask her father to send Rs.4 lacs to father of the respondent as he wanted to go foreign country. Appellant alleged that the payment was made by her father to the father of the respondent, but later on, she came to know that it was a mere pretext to extract money. When the father of the appellant demanded back the amount, he was given threats of breaking the matrimonial ties between the parties. (f) On 27.01.1999, there was a marriage of sister of the appellant-wife in India. The appellant informed the respondent that she would be coming to India. The respondent told her that she should not come to his house as he was ousted by his father from the house. The appellant-wife came to her parental house, where the respondent joined her. They stayed in the parental house of the appellant. During their stay, the respondent extracted heavy amount from the appellant and her father and he handed over the amount to his parents at village Samrari. On the eve of marriage of her sister, the appellant-wife asked the respondent to bring her ornaments from his parents but the respondent gave beatings to the appellant and threatened that in case such a demand is made, he would discontinue the matrimonial ties with her. Respondent again demanded an amount of Rs.45,000/- from the appellant-wife and her father for releasing the ornaments, which were kept as a security for some deal. (g) During the stay of the appellant in India, she became pregnant. The respondent without consent of the appellant got administered some injection to her and as a result of which the pregnancy entailed in miscarriage. The respondent told the appellant that he was not interested in having a child from her, as he was only interested to go to U.S.A through her. The act of the respondent caused mental as well as physical cruelty to the appellant. (h) The appellant-wife went back to U.S.A. The respondent made a call to her that his father was interested in visiting Indonesia and he was in need of Rs.80,000/-. The appellant wife sent the money to the respondent in October, 2001. The respondent made a telephone call to the appellant asking her to get divorce as he would not keep her at any cost and also insulted her as well as her parents. (i) Appellant also alleged that mother of the respondent tried to serve poisonous food to her. On suspicion, she refused to take the meal and threw it away. The act of the mother of the respondent caused cruelty to the appellant. Many a times the respondent threatened the appellant that his main object was to go to U.S.A and he was not interested to maintain matrimonial ties with her. The acts of the respondent and his family members caused mental as well as physical cruelty to her. On these broad features, the petition under Section 13 of the Act for dissolution of marriage between the parties came to be filed by the appellant-wife through power of attorney.
(3.) The petition was contested by the respondent on all counts. All the allegations were refuted. Locus of the attorney who filed the petition was challenged, besides challenging the attorney deed being forged and fabricated. By taking all the averments of the petition, respondent-husband pleaded that the appellant was quarrelsome and under the effect of liquor, she used to pick up issues in the matrimonial house and was in the habit of creating scene in the house as well as in the neighbourhood of the locality. She deserted the respondent and treated him with utmost cruelty and caused harassment to the respondent and his family members. The allegations of demand of cash in the year 1998 and thereafter, were denied totally. The allegation of administering injection for miscarriage of pregnancy was also denied.;