Sarwan Singh vs Inderjeet Kaur

S.K. Palo, J.—Applicant husband has filed this appeal u/s 28 of Hindu Marriage Act, 1955 challenging the decree dated 31.10.2006 passed by the First Additional District Judge, Ashoknagar District Guna in Civil Suit No. 3-A/2005 by which the prayer of the applicant husband was rejected by the learned trial Court.

It is not in dispute that the applicant/appellant married to non-applicant/respondent as per Hindu rites and they are living separately.

The non-applicant respondent is living with her parents. The applicant husband filed this petition u/s 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights on the ground that the non-applicant/respondent after the marriage lived at her matrimonial home for 8 days. Thereafter when she came to village Janoudha to her matrimonial home she started saying to applicant/husband to leave his parental home and live at Ashok Nagar. The applicant husband refused to do so. The non-applicant wife, therefore, started quarreling with the applicant. She was not performing her duties as wife, her behavior towards parents of the applicant was indifferent. She also stated that her marriage was performed against her will. She wanted to marry Pinnda, who is a resident of her village. She also threatened him of his life. When the applicant''s father went to bring her back to the matrimonial home, she refused to come. When applicant went to call her at village Lakheri, she straightway refused to come with the applicant and threatened him to break his hands and legs, if he comes again to take her. On 26.5.2005 members of the non-applicants family came to the house of the applicant abused and insulted him and also threatened him that if he comes to village Lakheri, they will kill him. A report was lodged in this regard by the applicant. A registered notice was also sent to the non-applicant but it was not replied. The applicant is ready to live with the non-applicant. The applicant is deprived of his marital life.

Per contra, the non-applicant wife denied all these allegations and submitted that the applicant and his family members have been demanding dowry. The applicant is in the habit of consuming Alcohol. He used to beat her. Thinking that time will change she silently suffered. The family members of the applicant demanded a motor-cycle in dowry. A "Panchayat" was called, in which the father of the non-applicant gave Rs. 50,000/- to the applicant. But the family members of the applicant, demanded more and she was subjected to cruelty. They also threatened her to being Rs. One Lac for a jeep. She was driven from her matrimonial home on 11.5.2005. On false ground this petition has been filed. The non-applicant/wife has also pleaded that it will be a risk for her as well as for her daughter''s life if she goes to live with the applicant/husband.

The learned trial Court after adducing the evidence, pronounced the impugned judgment and refused to grant any relief to the applicant husband, on the ground that the applicant has failed to prove that the non-applicant is residing separately without any sufficient cause. The applicant husband has challenged this judgment on several grounds.

We have heard, learned counsel for the appellant and perused the record.

We are unable to agree with the learned counsel for the appellant and we are in agreement with the impugned judgment.

The applicant has filed document Ex. P/4 which is a judgment passed in Criminal Case No. 263/2005, on the report of non-applicant wife, a criminal case was lodged against the applicant/husband and his parents u/s 498-A of IPC. It is alleged by the non-applicant wife that she was treated with cruelty and was harassed for demand of dowry. A registered notice regarding demand of "Shtreedhan" was also given to the applicant by the non-applicant wife on 5.9.2005. In the criminal case, it was alleged that the demand of dowry was made two years prior to 9.6.2005. It would be pertinent to note that on 9.6.2005 a report was lodged by the non-applicant wife with the Police Station Ashok Nagar. The present application u/s 9 of the Hindu Marriage Act 1955 was filed on 22.7.2005.

Having gone through the evidence, we are of the considered view that the non-applicant wife and her minor daughter was constrained to leave her matrimonial home. There has been demand of dowry for which she was not treated well. Hence, she had to leave her matrimonial home. That being so, it cannot be said that she is living separately without sufficient cause. She was thrown out from her matrimonial home on 11.5.2005 for demand of dowry. This may be termed as "cruelty" towards the non-applicant wife is concerned.

Non applicant/wife was compelled to leave her matrimonial home because of ill treatment, this is a reasonable cause for her to live separately or for withdrawing from the society of the applicant. That being so, the learned trial Court, in our opinion, has not committed any error. Hence, we decline to interfere with the finding of the learned trial Court.

Hence, this appeal is devoid of merit and is hereby dismissed.