IMPORTANT POINT
Divorce--Beating given to husband by father and brother in law at instance of wife--Amounts to cruelty.

Vinod K. Sharma, J.:-This appeal by the appellant/wife is directed against the judgment and decree dated 1.10.2002 passed by the learned Additional District Judge, Patiala allowing the petition filed by the respondent/husband for dissolution of marriage under section 13 of the Hindu Marriage Act (for short the Act).

2. Brief facts of the case are that the marriage between the parties was solemnized on 6.12.1990, at Patiala according to the Hindu rites and ceremonies. Out of the wed-lock two male issues were born. The respondent due to ill-habits and cruel acts of the appellant filed a petition under section 13 of the Act but on the basis of written apology the said petition was withdrawn on 27.8.1998. It was the case of the respondent that the appellant was in the habit of committing thefts i.e. jewellery and cash and whenever she was confronted, she used filthy language. On 1.4.1991 she was caught red handed while stealing gold ornaments from the almirah of mother of the respondent/husband. When confronted she left the matrimonial house in the evening. Respondent with his friend went to the house of the appellant and lodged protest but instead of feeling sorry she and her parents insulted the respondent. After about 2 months he again went to the house of the appellant and brought her back by requesting her to mend her behaviour but she failed to change her habits. It was also the case of the respondent that she neither care for the respondent nor the children. It was also alleged that she again stole Rs.14000/- (Rupees fourteen thousand only) from the house and handed over the amount to her brother Vinod Kumar, but to her bad luck currency notes fell on the ground. When her brother was confronted with this he gave beating to the respondent at the instance of the appellant. It was the case of the respondent that the appellant confessed that her brother was badly in need of money, that is why the amount was taken. The appellant further pleaded that on the asking of his parents, the respondent started living separately from his parents in Arorian Mohalla in March, 1995 but even there he had to prepare break fast for the children and to make them ready for school. He also arranged lunch box. Whenever children asked for meals they used to be beaten by the appellant. It was further the case of the respondent that she continued visiting her parents and did not leave her habit of committing thefts, in spite of objection by the respondent.

3. On 11.5.1998 the respondent did not go to his work being unwell. At about 11.30 AM, father and brother of the appellant came to the matrimonial house thinking that he was away. When objection was raised to their visit he was given beating. It was the case of the respondent that by that time the appellant had taken whole of the jewellery. On 4.6.1998 Vinod Kumar came to his house and took away appellant along with costly clothes and cash of Rs.26000/- (Rupees twenty six thousand only). His younger son also accompanied them. It was the case of the respondent that the house was left unlocked by them. In the evening the respondent went to the house of the appellant with respectables but instead of feeling sorry they insulted all of them and also extended threat to life. The appellant refused to join his company till a house was purchased in her name and her brother was adjusted by the respondent in his business. On 19.6.1998 a written compromise took place between the parties and in pursuance thereto the appellant joined his company. After living in a proper manner for two months, she again started misbehaving. Her father and brother did not stop visiting his house in his absence. It was the case of the respondent that the appellant never prepared lunch and dinner to his taste, used filthy language and even slapped him. She also started visiting his workshop to humiliate him. On objection she threatened that she would commit suicide. On 10.1.2000 Vinod Kumar and maternal uncle of the appellan