N.C.KOCHAR, J. - (1.) SMT . Kamlesh, the appellant, has filed this appeal under Section 28 of the Hindu Marriage Act, 1955 (here in after referred to as 'the Act') against the judgment and decree dated 21 -7 -1982) passed by the learned District Judge, Sri Ganganagar allowing the petition filed by Shri Prem Prakash (the respondent) and dissolving the marriage between the parties on the ground of curelty.
(2.) THE cases set up by she respondent in his petition filed by him on 11 -5 -1972 was as under: The marriage between the parties was performed according to Hindu rites about 6 -1/2 years prior to the presentation of the petition and three sons, who were then aged about 6 -1/2 years, 3 -1/2 year and 11 months, were borne of the wedlock. The appellant had been short tempered and was of quarrel some nature and from the very beginning wanted the respondent to leave his parents and to start living in Gorakhpur but on appellant's not agreeing to the same she left to matrimonial home twice and went to live with her parents and brothers -in -law. The respondent brought back the appellant after persuasions and through the intervention of 'Panchayat' and on account of this the appellant became haughty and she started mis behaving with the respondent and his parents and thretened then with dire consequences stating that her brother -in law Rameshwar was a big man and her other brother -in -law Banarasi was a 'Gunda' of Punjab, With a view to keep peace in the house and taking into account the dignity of the family the respondent used to bear with the appellant. The appellant, how ever, left the matrimonial home third time and the respondent went to village Labragaga along with his parents,, Jitendra Pal and Bhagwan Das besides others and called a Panchayat and on the persuasion of the Panchayat the appellant came along with the respondent. After returning to the matrimonial home on the third occasion, the appellant become still more haughty and started abusing the respondent and misbehaving with his parents. When ever, the respondent asked the appellant to serve him food or give him water she taunted saying that he cleaned the utensils at the 'Dhaba' but could not himself take water at home. The limit was exceeded on the afternoon of 22 -4 -79 when the appellant slapped the respondent in presence of his mother. Thereupon the respondent went to his shop without having food and the appellant left the materimonial home along with two younger sons and went to the house of her brother -in -law Banarasi, in Mansa and had not returned to the matrimonial home since then. Because of the cruelty and mis -behaviour of the appellant, it was not possible for the respondent to live with the appellant and the respondent also apprehended danger of his life from the appellant and her brother -in -law. With these allegations, the respondent prayed that marriage between him and the appellant be dissolved by passing a decree of divorce.
(3.) THE petition was contested by the appellant. In the written statement she denied that she was of quarrel some nature or had ever desired that the respondent should leave his parents and start living in Gorakhpur. She also denied that she ever abused the respondent or mis -behaved with his parents or that she left the matrimonial home without any cause and without the permission of the respondent. She pleaded that the respondent used to mal -treat her and had turned her out of the matrimonial home, after giving beatings to her. She also denial that the respondent had ever gone to fetch him from his village or had called and Panchayat. She pleaded that she being Indian house wife always respected the respondent and his parents. On the pleadings of the parties the following issues were framed by the learned trial court: .........[vernacular ommited text]...........;