The main legal point established is that evidence of ill-treatment, threats, and violence by a spouse can constitute grounds for divorce based on cruelty under the Hindu Marriage Act, 1955.

N.P. Gupta, J.-Heard learned Counsel for the parties. Perused the impugned Judgment , and record of the learned trial Court, as was ordered to be requisitioned vide order dated 06.07.2005, and received.

2. By the impugned decree, the learned trial Court has allowed the divorce petition, filed by the respondent-husband, on the ground of cruelty. The case of the husband, as disclosed in the divorce petition is, that the parties were married according to the Hindu rites on 17.04.1993. The father of the husband is employee in the Railways, the appellant used to make demands for money, day in and day out, and used to quarrel, many a times she even did not provide food to the husband, or the children, and always used to threaten, to involve in a false case of dowry, and that she would kill the children, and foist the guilt on the husband and the family members. It is, in this sequence, that on 210.1999, she took Rs. 1,05,000/-, and executed a note in that regard in the diary of the husband, and she used to borrow money from time to time at the behest of her parents. With this, it was further alleged, that out of the marriage four children were born, being Neha, Anu, Khemraj and Vishnu Sagar. However, she used to keep the children tied by string, and attempted to throw them down from the rooftop, and used to physically beat them. Thus, it was alleged that the wife is temperamentally very cruel, and used to behave cruelty with the children also. It was also alleged that she always used to threaten that she will destroy the whole posterity. With this, it is then alleged, that on 05.04.2002 at about 12 in the noon, the wife left the matrimonial home alongwith the three children, Neha, Anu and Khemraj, on the pretext, that she is going to her parental house, which is located in the same village, and would return in the evening, but when she did not return, search was made, and it was revealed, that the garments and slippers of the children, and the wife, were lying near the well of Ramlalji, whereupon Police was informed, and the dead bodies of the three children were recovered from the well. Thereupon, a case, for the offence under Section 302, IPC, was registered against the wife, and after trial, she has been convicted and sentenced to life imprisonment. It is then alleged, that at the time, when the wife killed three children, she was carrying pregnancy, and delivered a child after six months, and that she is in confinement in the jail. It was also alleged, that when the wife was in custody, after being bailed out, a false case of dowry was lodged against the husband, and his family members also being case No. 107/2002, wherein a final negative report has been given. Inter alia on these facts, it was claimed that the marriage of the parties be dissolved.

3. This application was contested by filing a reply on 23.02.2004. In that reply, it was contended, that no amount was borrowed by the wifes father, nor any amount was ever demanded. The allegation about not providing food to the husband and children was denied. It was contended that as a matter of fact, the family members of the husband are greedy of dowry, and on that count, they left the earlier married wife. It was contended that the wifes father lives in Degana and carries on business there, and, therefore, they were not aware about this conduct of the husband, and in view of the fact that husband was literate, the marriage was solemnised, but then, since then there was constant demand of dowry, and the behavior of the in-laws side was cruel. It was alleged that the business of the wifes father was closed. The allegation about giving physical beating, and tying down the children with string was denied. Then regarding incident of 05.04.2002, it was pleaded, that as a matter of fact, the husband and his family members were making a demand of Rs. 50,000/-, and on non-fulfillment thereof , they were ill-treating her, and since the parents were not in a position to meet her