CHETAN DASS Vs. KAMLA DEVI

JUDGEMENT

(1.) This is an appeal by the husband challenging the judgment and order passed by the Rajasthan High Court upholding the judgment passed by the District Judge, Sriganganagar, dismissing the petition of the appellant under Section 13 of the Hindu Marriage Act, 1955 praying for dissolution of marriage by granting a decree of divorce.

(2.) The appellant, Chetan Dass, and the respondent, Smt. Kamla Devi, were married on November 30, 1976 at Vijaynagar, District Ganganagar according to the Hindu rites and rituals. The appellant was serving as Compounder in the Medical Health Department in the State of Rajasthan. After the marriage the respondent was taken to Kirawad, the original village of the appellant, where she stayed for about 8-9 months. The appellant was posted in Government Hospital in Hanumangarh. He had been visting his village home off and on. According to the appellant, since his village house was a kucha structure with insufficient residential accommodation, the respondent was not happy as she came from better background and standard of living. Therefore, she had always been interested in living with her parents in Vijaynagar. It is also the case of the appellant that the parents of the respondent always desired that he may get himself trnasferred to Vijaynagar and, for that purpose, many items of presentations in dowry at the time of marriage, for example, bed and bedding, sofa set, almirah and golden jewellery etc. were retained at Vijaynagar. It was, however, not possible for the appellant to live at Vijaynagar. The marriage of DW-3, Ravi Kumar, the brother of Kamla Devi, was to take place in November, 1977 and, in that connection, she left for her parents house at Vijaynagar in October, 1977. She did not return after the marriage of her brother despite requests made by the appellant and his parents for her return. On the other hand, it is stated that she started making allegations against the appellant for leading an adulterous life. The appellant felt mentally tortured on such false allegations. He, therefore, filed an application under Section 13 of the Hindu Marriage Act after about 2 years of the marriage but later the relations between the two improved. The appellant, therefore, got his petition for divorce dismissed. Kamla Devi started living at the residence of Chetan Dass in Kirwad and they had also consummated their marriage. The case of the appellant further is that as desired by Smt. Kamla Devi, Chetan Dass brought her to Ganganagar and both started residing in Ganganagar. But this could not pull on for long and the respondent is said to have always been pressuring the appellant to permanently reside in Vijaynagar. After some time, Lokuram, father of the respondent, took her back to Vijaynagar. All efforts made by the appellant, his relatives and members of their community failed to persuade Kamla Devi to return to live with Chetan Dass any more. According to the appellant, the brief period during which Kamla Devi had changed her attitude and had started living with him was not a genuine gesture on her part or an effort to live together rather it was for the purpose that the appellant got his divorce petition dismissed. The relations between the two further deteriorated and a complaint is also said to have been filed by the respondent under Section 494 read with Section 120B, I.P.C. According to the appellant, the respondent had been keeping away from the company of the appellant and had not been discharging her matrimonial obligations. Such attitude on her part ultimately resulted in the filing of a petition by the appellant for restitution of conjugal rights in the year 1982. The respondent filed her written statement denying the allegations made against her and further stated in the reply that the appellant had been carrying on illegitimate relationship with one Ms. Sosamma Thomas, a nurse in the hospital. According to the appellant, the allegations made by the respondent mentally tortured him and looking to her conduct and behaviour in deserting him without any reasonable cause, he got the petition amended by moving an application under Order 6, Rule 17, C.P.C. which was allowed, making a prayer for dissolution of marriage converting the petition from one under Section 9 to Section 13 of the Hindu Marriage Act on 23-7-1986.

(3.) The respondent contested the petition and refuted the allegations made against her. According to her, she never objected to or expressed any dissatisfaction on account of alleged uncomfortable stay at Kirawad. On the other hand, she stayed there with the parents of the appellant without any objection. Her main grievance was with regard to the relationship which, according to her, exists between the appellant and Ms. Sosamma Thomas who is a nurse in the hospital. The trial Court, on the basis of pleadings, framed two issues:-