Prakash Tatia, J. - (1.) HEARD learned Counsel for the parties.
(2.) THIS appeal is against the divorce decree dt. 19.04.2001 passed by the Court of Additional District Judge No. 2, Hanumangarh in Civil Misc. Case No. 94/1996. By the divorce petition, the applicant/respondent sought divorce against the non -applicant/appellant on the ground of cruelty. Brief facts of the case are that the marriage of the appellant wife and respondent husband took place on 09.07.1989. Out of the wedlock, one daughter was born to the appellant on 05.08.1991. According to the allegation levelled by the respondent husband, the appellant was of cruel nature and she was more inclined towards her mother and father rather than the respondent and the respondent s family. She never treated the respondent s house as her own house. It is also submitted that a gold ring and Rs. 4,200/ - were given to the respondent by the appellant s parents at the time of ceremony before marriage but immediately after marriage, the appellant took the said gold ring and Rs. 4,200/ - and gave it to her parents. It is also stated that the appellant used to hand over substantial part of the respondent s income to her mother and father. According to the respondent, he tried to live with the appellant but the appellant s mother and father also started misbehaving with the respondent and also started abusing him, which caused serious mental cruelty. Out of this mental torture, the respondent started living with his wife and daughter separate from the parents. It is further submitted by the respondent in the divorce petition that thereafter, the respondent who was doing business, joined the service and still the appellant used to give money to her mother and father. Appellant s brother Rajkumar was of the age of 30 years and was unmarried and he used to come down to the house of the respondent and put hurdles in the respondent s married life. Not only this, but the respondent and her family members put pressure upon the respondent for living with the appellant s parents. It is also alleged that from August, 1994 to October, 1994, the respondent had to run away from his house and the appellant went to her mother and father. The appellant thereafter started giving threats of launching false cases and also started claiming her share in the property. However, with the efforts of one Rajkumar, the matter was settled at the time and the appellant and the respondent both started living in village Sangaria. After few days only, the appellant started misbehaving with the respondent. From Sangaria, the respondent used to go to Hanumangarh because of his service and during respondent s absence, the appellant used to go to Ganganagar and she again started giving some threats. It is also alleged that the appellant used to beat her daughter mercilessly and ultimately, on 26.08.1995, the appellant took her ornaments and clothes etc. and went to her parents house. On the next day, the respondent fell sick and an operation of his leg was conducted and at that time, neither the appellant nor her family members came to see the respondent.
(3.) THE divorce petition originally was filed on 26.10.1995. Subsequently, a criminal case was launched by the appellant against the respondent and his family members on 26.12.1995 under Sections 406 and 498A IPC. In the said case, the respondent was arrested on 01.01.1996 and he remained behind bars till 05.01.1996 when he was released on bail. The respondent and his family members could get the bail orders only from the High Court. According to the respondent, by this, the appellant ill -treated the respondent and his family members and it caused serious mental agony to the respondent and his family members.;