Dinesh Kumar Vs Santosh Kumari 02.06.2009 (uniqueunique)
FAO (HMA) No. 36 of 2005
Hon’ble Mr. Justice Sanjay Karol, J.
Hindu Marriage Act, 1955 — Section 13 — cruelty — there is a general allegation that respondent even refused to do routine household work — All aforesaid acts of respondent caused grave mental cruelty to petitioner-husband — Whether respondent has treated petitioner with cruelty, if so to what effect? petitioner examined four witnesses, namely, Shri Dinesh Kumar (PW-1), Smt. Bimla Devi (PW-2), Shri Dinesh Kumar (PW-3) and Smt. Kaushalya Devi (PW-4) and in rebuttal respondent also examined four witnesses, namely, Shri Dhian Singh (RW-1), Shri Ramesh Chand (RW-2), Smt. Rukmani Devi (RW-3) and Smt. Santosh Kumar (RW-4) — Appreciating material on record, Court below came to conclusion that not only petitioner could not prove allegations of cruelty, whereas, on contrary record proved that respondent had been forced to leave her matrimonial house due to cruelties meted out by petitioner — petitioner’s other witnesses, namely Smt. Bimla Devi (PW-2), Shri Dinesh Kumar (PW-3) petitioner’s neighbour and Smt. Kaushalya Devi (PW-4) petitioner’s mother, do not advance his case — PW-3 has only deposed that on his visiting petitioner’s house he found respondent sleeping and never working — that apart, this witness has admitted that petitioner’s maternal grand-mother was being looked after by respondent at time when petitioner’s mother was away at Ludhiana — respondent specifically agreed to join petitioner, but, however, petitioner refused to sign compromise — respondent (RW-1) has alleged that petitioner intends to contract second marriage, therefore, he refused to take her back to matrimonial house — Petitioner took money from respondent’s father at time of construction of house — respondent was compelled to stay away from petitioner as also matrimonial house — It is petitioner, who in fact has caused mental agony, torture and duress to respondent — Cruelty may be physical or mental.
Hindu Marriage Act, 1955 - Section 13 - cruelty
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