JUDGMENT :

Sadhna Rani (Thakur) J.

This First Appeal has been preferred by wife – Smt. Reeta against the judgment and decree dated 30.11.2019 passed by the Additional Principal Judge, Family Court, Bijnor in Matrimonial Petition No. 1026 of 2017 under Section 13 of the Hindu Marriage Act, 1955, whereby the suit of respondent-Ankit Kumar for dissolution of marriage has been decreed and the marriage dated 20.02.2011 of Smt. Reeta and Ankit Kumar has been dissolved.

2. As per the facts of the case, respondent – Ankit Kumar filed a Petition under Section 13 of the Hindu Marriage Act in the Court of the Principal Judge, Family Court, Bijnor on 01.11.2017 for dissolution of the marriage with the contention that the parties were married on 20.2.2011 as per Hindu rites without any dowry. Both the parties are Hindu and governed by Hindu Marriage Act.

3. After marriage, Smt. Reeta lived with the respondent – Ankit Kumar and his family members. The respondent took utmost care of Smt. Reeta and made her available each and every facility but since after two days of marriage the behaviour of Smt. Reeta started changing. She used to stay in her room only and used to quarrel and abuse the petitioner and his family members specially his mother on one or the other pretext. She used to go to her parental house along with her brother-in-law and brother without informing the respondent-Ankit Kumar and his family members and when enquired, she used to become furious. When a complaint was made to her parents, they also favoured Smt. Reeta and gave threat to implicate the respondent in a false dowry case. The appellant used to humiliate the respondent by saying that she was M.A. in English and takes tuitions whereas Ankit Kumar was an illiterate boor. She agreed to marry with him so that he would live under her control and act according to her wishes. She started pressurizing the respondent – Ankit Kumar to live separately from his family. A child namely Atharv was born out of their wedlock but he was also kept away so as to deprive the respondent-Ankit Kumar of happiness of marriage. The respondent was never allowed by his wife to mix up with his son. The wife filed a frivolous complaint under the Dowry Prohibition Act against the respondent and his family members wherein the respondent – Ankit Kumar had to go to Jail for the offences which he or his family members had never committed. During the pendency of the dowry suit, through mediation the respondent took Smt. Reeta to his home on 16.7.2015 but the family members of Smt. Reeta were not pleased with that, and on 20.08.2015 the brother and brother-in-law of Smt. Reeta came to the respondent's house at about 5.00 p.m, and assaulted the respondent and his family members with lathi, danda, fist and blows and took Smt. Reeta and the child and also all the clothes and jewellery with them. The respondent being injured was medically examined. Regarding the said incident he lodged a complaint also. Now, the parties are living separately since 20.08.2015. There is no physical relationship between them since then. The wife has also filed a suit under Section 125 Cr.P.C. wherein she had refused to live with the respondent at any cost.

4. Because of the physical and mental cruelty given by the wife it was not possible for the respondent to live with her. He has threat to his life from the relatives of the appellant-wife. It was urged that there was no hope of improvement in the behaviour of the appellant-wife and the only way out was the dissolution of their marriage.

5. The written statement was filed by the appellant-wife wherein she denied the plaint allegations and pleaded that after marriage she had discharged her matrimonial duties with devotion but since the marriage the respondent and his family members used to harass her by demanding a car and Rs. 1,00,000/-as dowry. She used to do the whole household work and beared all the acts of humiliation of her in-laws and husband just to save her marriage and the