NEELAM KUMAR Vs. DAYARANI

JUDGEMENT

(1.) This appeal, by the husband, is filed against the judgment and order dated September 14, 2005 passed by the Madhya Pradesh High Court (at Jabalpur) in F.A.O. 462 of 2003. By the judgment coming under appeal, the High Court set aside the judgment dated August 23, 2003 passed by the 1st Additional District Judge, Balaghat in HMA Case No. 26A/02, allowing the appellant's petition and granting him the decree of divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955.

(2.) The marriage between the parties took place on December 7, 1986 and they lived together first at Ankleshwar and later at Vadodara. There is no child from the wedlock.

(3.) According to the appellant, barely after 8 or 9 months of the marriage, the wife (respondent in this appeal) became quite aggressive and insulting, and started treating him and his family members in a cruel manner. He tried to make adjustments in the hope that she would correct herself but finally, when it became impossible to carry along with her, he filed the petition for dissolution of marriage under Section 13(1)(ia) of the Act, on grounds of cruelty. In the application filed by the appellant, it was stated that his wife objected to his giving any financial assistance to his family and especially for the marriage of his sister and she always quarreled with him over the matter. It was alleged that at the time of his sister's marriage she raised an alarm that her ornaments were missing and cast suspicion on the groom's mother. Later on, the alarm turned out to be false, causing huge embarrassment to him and his family. Such incidents and the respondent's behaviour and conduct towards the appellant made him the laughing stock in the town. He changed residence, but that too did not help to salvage his position. The respondent used to leave for office early and returned very late. When the appellant remonstrated over her timings she became very angry and even threatened to implicate him in a dowry case. In those circumstances, the appellant had even contemplated committing suicide but was held back by friends and relatives. The appellant also gave certain instances as evidence of her cruelty to him. In 1989, despite his advice to her not to go for attending his brother's marriage since she was pregnant, she undertook the travel and participated in the marriage. As a result, she suffered a miscarriage there and, ironically, held the appellant and his family responsible for it. In 1994, the appellant sustained some injuries in an accident and had to undergo medical treatment. At that time she was living in a different town where she was posted in connection with her service. Despite intimation given to her she did not come to look after him and to give him moral support because she did not want to take leave from the work. Again she did not come to serve his mother and to support her when she was admitted to a hospital for her eye surgery.