Smt. Nirmala Kumari vs Rajinder Kumar

H.S. Bedi, J.—This appeal arises out of an application filed u/s 13 of the Hindu Marriage Act by a wife against Rajinder Kumar her husband. As per the facts, the marriage between the parties was solemnised at Rohtak on 20th Sept., 1986 according to Hindu rites. The parties lived together as husband and wife at village Kahnaur, District Rohtak and a male child named Gagan was born out of the wedlock on 13th September, 1987. It is the case of the applicant/petitioner that soon after the marriage she was subjected to cruelty at the hands of the respondent and his family members due to insufficient dowry. It had been further submitted that after three months of the marriage, the respondent and his .family members made a demand for a television and fridge. As the parents of the applicant were poor, they could not satisfy the demand of the respondent, on which she was humiliated time and again and even shunted out of the matrimonial home after having been beaten mercilessly.

On notice of the application, written statement was filed by the respondent and various objections thereto were taken. On facts, it was denied that any demand for dowry had been made or that the applicant had been subjected to any maltreatment on that account.

On the pleadings of the parties, the following issues were framed :-

(1) Whether respondent has treated the petitioner with cruelty as alleged in the petition ? If so to what effect ? OPP.

(2) Whether petition is not maintainable in the present form as alleged in preliminary objection No. 1 of the written statement ? OPR.

(3) Whether respondent is entitled to special costs, if so to what effect ? OPR.

(4) Relief.

The trial Court on a consideration of the evidence came to the conclusion that the issues were not proved and dismissed the application. Hence, this appeal at the instance of the appellant-wife.

I have gone through the judgment of the trial Court and perused the record.

At the time of argument, the learned counsel for the appellant has produced in Court a letter received from his client, which is to the effect that the parties to the present litigation had found new partners and had settled down in life. He has urged that this fact be taken into account while disposing of this petition.

I have gone through the evidence on record as also the reasons adopted by the trial Court. One of the reasons which impelled the trial Court to take a decision in favour of the respondent was that it could not be said that the parties who were very poor would be in a position to demand a fridge or a Television set. To my mind, this argument does not appear to be correct. It has come in the evidence of PW-1 Nirmala, PW-2 Jagdish her brother and PW-3, Gulshan Lal another witness that a demand of a TV and a Fridge had been made and as the same had not been fulfilled, the appellant had been subjected to cruelty on that account. The trial Court also gave a finding that these demands could not be believed for the additional reason that the witnesses were discrepant as to when they were actually made. To my mind, this finding is without basis as it would be impossible for even an educated witness to remember as to when a, particular event had taken place. Moreover, it has come in the finding of the trial Court that the appellant had surrendered to the threats of her mother-in-law whereby she had taken half of the gold ornaments that had been given to her at the time of the marriage, though the trial court has drawn an inference against the appellant on that score holding that this story was now being built up by the appellant to settle scores with her mother-in-law. To my mind, this finding is also without any merit. Once, it has come in evidence that the mother-in-law of the respondent had threatened the appellant with dire consequences and even deprived her of the gold ornaments which she had brought at the time of her marriage and the husband remained a silent spectator, an adverse interference can be drawn against him.

For the reasons recorded above, the appeal deserves to succeed and the same is allowed. The appellant is granted a decree of divorce.