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1996 Supreme(P&H) 324

SAROJNEI SAKSENA
Santosh – Appellant
Versus
Balwinder Kumar – Respondent


Judgment

Sarojnei Saksena, J.

1. Appellant-wife has filed this appeal against trial Courts order dated September 13, 1993, whereby her petition Filed Under Section 13 of the Hindu Marriage Act, 1955 (in short the Act) was dismissed.

2. In the lower Court the appellants contention was that she was married to the respondent on December 4, 1988. They lived together till June 3, 1991. During this period of her stay in the matrimonial home she was always tortured and treated with cruelty. The respondent and his family members always demanded money on the count that in her marriage insufficient dowry was given. She was compelled to bring sometimes Rs. 800/ sometimes Rs. 5000/- from her parents. As she declined she was mercilessly beaten and finally on June 3, 1991, she was turned out of the matrimonial home. Her Stridhan was also retained by the respondent declined to rehabilitate her. Since then she is residing in her parental home. She sought divorce on the ground of cruelty.

3. The respondent-husband in his reply denied the allegation of cruelty. He alleged that the wife left the matrimonial home without any sufficient cause or reason and declined to come back to the matrimonial fold.




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