AJAY PAL SINGH Vs. ROSY SINGH

JUDGEMENT

(1.) This appeal has been filed under Section 19 of the Family Courts Act, 1984 against the judgment and decree dated 12th August, 2008 passed by First Additional Principal Judge, Family Court, Raipur in Civil Suit No. 176-A/07, whereby the application filed by the appellant/plaintiff under Section 13(l)(ia) of the Hindu Marriage Act, 1955 for dissolution of marriage by a decree of divorce on the ground of cruelty, has been rejected.

(2.) Case of the appellant/plaintiff, in brief, is that marriage was solemnized on 10-11-1991 between the parties at Panchkula (Haryana) and thereafter, the parties resided together at Bilaspur, Korba, Shivpuri, Tikamgarh, Bhopal, Indore and after the formation of Chhattisgarh State, that the appellant was transferred to Raipur. Two children, Aman and Jasmine, were born out of their wedlock. Only after 15-20 days of the marriage, the respondent/wife started treating the appellant and his parents with cruelty and in a derogatory manner. The respondent demanded that the appellant should drive his mother out of the house and when the appellant refused to do so, the respondent started shouting loudly and torturing as well as harassing the appellant and his mother both mentally and physically. On account of this, the mother of the appellant left the house and his parents refused to reside with him so that his married life may be peaceful and he may not be harassed by the respondent. At each place of posting, the appellant was defamed and insulted before his colleagues, subordinates and general public, which adversely affected his personal, social and official life and has to face humiliation. The respondent used to intimidate the appellant and his parents that she will commit suicide and implicate them in a false case if they do not conduct themselves as she desires. When the appellant was posted as Collector and District Magistrate, Tikamgarh, in his absence she (respondent), with intent to commit suicide, had consumed huge quantity of sleeping pills, on account of which she was admitted in the hospital. The respondent's father, without ascertaining the truth, had complained to the Director General of Police, Chief Minister and the Chief Secretary that the Collector, Tikamgarh i.e. the appellant had given poison to his wife (respondent). However, on enquiry, the same was found to be false and on the contrary, it was found that in the absence of the appellant, the respondent herself had consumed sleeping pills. On account of the acts and interference of the respondent in the official work of the appellant, the appellant was humiliated and insulted before the subordinates, collegues and the general public as the same used to be published in the newspapers.

(3.) When the appellant was fed up with the torture and harassment of the respondent, he filed an application in April, 1999 for judicial separation before the learned Second Additional District Judge, Tikamgarh and the same was withdrawn on 21-7-2000 in the interest of the children Aman and Jasmine, and on the respondent giving an undertaking that she will not repeat her acts in future and will behave in a proper manner. After this, the respondent alongwith her children returned back to live with the appellant. However, after some time again she started mentally and physically torturing and harassing the appellant. Even after transfer of the appellant to Raipur, the respondent continued torturing and harassing the appellant, on account of which he had to leave his official residence and is residing in a rented house. On these grounds, an application under Section 13(l)(ia) of the Hindu Marriage Act, 1955 was filed by the appellant for dissolution of marriage by a decree of divorce.