ORDER :

1. A marriage was solemnized inter-se the parties on 29.4.1998 at Rohtak as per Hindu rites, the parties resided together and the marriage was consummated. A daughter named Jyotsana was born on 20.2.2001. It is the case of the appellant that the respondent has been residing not with the appellant but in her father’s home after he passed away on 8.12.2002. A panchayat was convened on two separate occasions but it is the case of the appellant that the respondent refused to live with him in Ganaur. The appellant thus filed a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955 but the same was dismissed on default on 07.10.2004.

2. We may note the case of the respondent was that the appellant had thrown her out of the matrimonial home in October 2004 after assaulting her. There was a demand of dowry by the appellant and her family, and she was harassed and tortured. The daughter has been throughout living with the respondent since birth, and thus the divorce petition.

3. The aforesaid respective stands are reflected from the pleadings of the parties in a divorce petition filed by the appellant under Section 13 of Hindu Marriage Act, 1955 on