The initiation of legal proceedings by the wife and the conviction of her relations were considered acts of cruelty, leading to the dissolution of marriage.

Hemant Gupta, J.

1. Wife is aggrieved against the judgment and decree passed by learned Additional District Judge, Hisar whereby the marriage between the parties was dissolved by a decree of divorce.

2. Marriage between the parties was solemnised on 26.3.1985. One female child was born after one year of the marriage. However, as per the allegations of the husband, wife left matrimonial home on 27.5.1988. On 28.5.1988, she got registered FIR No. 3 for an offence under Sections 498-A and 323 read with Section 34 of the Indian Penal Code. The husband was acquitted in the said criminal case on 29.5.1993. It is further alleged that during the pendency of the trial on 24.4.1992, husband was assaulted by the brothers of the wife namely Ravi Dutt and Sunil Kumar and maternal uncle Mahabir and mother Geeta Devi. A criminal case for an offence under Sections 323 and 506 IPC was registered against the above named persons vide FIR No. 200 dated 28.4.1992. Both the brothers and maternal uncle and mother of the wife were convicted and fined Rs. 300/- each. The husband has also alleged that the wife moved an application under Section 125 of the Code of Criminal Procedure wherein husband is making payment of Rs. 900/- per month as maintenance to the respondent and her daughter. It is, thus pleaded that the wife has treated the husband with cruelty. He has suffered mental as well as physical cruelty and apprehended danger to his life. The wife is residing separately since 27.5.1988.

3. The wife controverted the allegations by filing written statement and pleaded that the husband is estopped from filing the petition by his own acts and conduct. She is ready to live with the respondent. She denied that she left matrimonial home on 27.5.1988 and got a false case lodged against the husband. She denied the assault on husband by her brothers, maternal uncle and mother. She submitted that the husband and his mother treated her with cruelty as they are greedy persons. On many occasions they have given beating to her. On 27.5.1988 she was turned out of matrimonial home after giving severe beatings. It was submitted that the husband has been acquitted in the criminal case by giving the benefit of doubt but that does not mean that he was falsely implicated. She stated that she belongs to a poor family and the case was not properly conducted by the prosecution.

4. The husband filed replication controverting the allegations made in the written statement. After framing the issues, the parties led their evidence. The husband produced his mother Vidya Devi as PW2 and he himself appeared as PW1. He also produced documents Ex.P.1 to P.5. On the other hand, wife appeared as RW1 and produced documents Exs. R.1 to R.3. The learned trial court accepted the petition for dissolution of marriage holding that initiation of proceedings by the wife under Sections 498-A and 323 IPC which was resulted into acquittal amounts to cruelty. The filing of petition under Section 125 Cr.P.C. and conviction of relations of the wife for an offence under Sections 323 and 506 IPC were considered an act of cruelty on the part of the wife sufficient to dissolve the marriage between the parties.

5. In the present appeal, I have heard Sh. Vinod S. Bhardwaj, learned counsel for the appellant and with his assistance gone through the record of the case.

6. The husband has enumerated instances of cruelty and sought dissolution of marriage on the ground that the relations between the parties are deteriorated to the extent that it was not possible for the husband to live with the wife under one roof and it will be harmful and injurious for him having further relations with the wife. The learned trial Court has relied upon Ex.P1, an application moved by Smt. Vidya Devi, mother of the husband regarding giving threat to her, her son, the husband and her sister-in-law by the brothers, mother and maternal uncle of the wife. Ex.P.2 is an application moved by the husband on 19.10.1993 apprehen