Advocates appeared :
For the Appellant : Pushpraj Singh Gaharwar
For the Respondent : Om Prakash Dwivedi

JUDGMENT PURUSHAINDRA KUMAR KAURAV, J. : – This is wife’s appeal under section 28 of the Hindu Marriage Act, 1955 (hereinafter referred to “the Act of 1955”), directed against the impugned judgment and decree dated 14-3-2019, passed by IVth Additional District Judge, Rewa in HMA Case No. 21-A/2017, dissolving the marriage between the parties under section 13(1) (i-a) and 13(1) (i-b) of the Act of 1955 on the ground of cruelty and desertion, respectively.

2. Brief facts for adjudication of the present appeal are as under : –

(i) The marriage between the parties was solemnized as per Hindu rites and custom on 9-5-2004 at village Paipkhara, Police Station Chorhata, District Rewa. (ii) After marriage, there was no “Gouna” ceremony. The appellant-wife neither went to respondent-husband to discharge her marital obligations nor there has been any cohabitation between them till date. (iii) The appellant-wife has taken the plea that since the demand of dowry of Rs. 1,50,000/- was not fully met by her father, therefore, the respondent-husband did not take her to matrimonial home. She also states that with great difficulty in the year 2009 her father could only fulfill part demand of Rs. 50,000/-. She also filed petition under section 125 of Cr.P.C., for grant of maintenance. The directions for payment of Rs. 2500/- per month were given by the concerned Court, however, such order has not been obeyed by the respondent-husband. (iv) The respondent-husband stated that he made efforts to bring the appellant-wife for cohabitation, however, all his efforts failed. On apprehension of his false implication in the case of demand of dowry at the instance of his wife, he made complaint in the year 2010 to Mahila Police Station Rewa (Ex-P-5) and also sent the same to the M.P. Human Rights Commission vide (Ex-P-8) on 31-7-2010.

3. The case of the appellant-wife is that there is sufficient cause for her to live separately and when she has not lived with the respondent-husband; there is no question of causing any cruelty. According to her, the learned Court below has miserably failed to appreciate the evidence in right perspective. Neither the ground of cruelty nor of desertion is proved.

4. The respondent-husband’s case is that for last about 17 years, there is no cohabitation between the parties. He further stated that despite all his efforts, the appellant-wife never joined his company. Had there been any demand of dowry, appropriate proceedings could have been initiated. However, in the instant case, nothing has been done, which shows that the allegation of demand of dowry is an afterthought.

5. The learned trial Court framed the issues; recorded the evidence of the parties and after considering the entire material before it, dissolved the marriage between the parties.

6. We have heard learned counsel appearing for both the parties and perused the record.

7. The respondent-husband appeared as PW-1 before the Court below and stated that after the marriage was solemnized on 9-5-2004, the “Gouna” ceremony was not performed by his in-laws on the ground that the appellant-wife was studying. In the year 2005, he went to his in-laws and requested for “Gouna” ceremony, however, the appellant-wife bluntly refused to come to matrimonial home. Thereafter, in the year 2010, he made certain complaints to the Police Station and Human Rights Commission.

8. The appellant-wife appeared as DW-1 and reiterated the averments made by her in the written statement regarding the demand of dowry by the respondent-husband, his mother and other relatives. According to her, since the said demand was not fulfilled, therefore, the respondent-husband refused to take her to the matrimonial house. She also stated that she had filed a petition under section 125, Cr.P.C., where the competent Court granted maintenance of Rs. 2500/- which has also not been paid to her. In support of her case her brother Virendra Shukla appeared as DW-2 and his father Lalmani Shukla appeared as DW-3. T