PARMENDRA MALHOTRA Vs. JYOTI MALHOTRA

JUDGEMENT

(1.) THIS appeal has been filed by the appellant/plaintiff under Section 19 of the Family Courts Act, 1984 against the judgment and decree dated 5.1.2008 passed by the Principal Judge, Family Court, Durg, in Civil Suit No.204-A/06, whereby the application filed by the appellant/plaintiff for divorce under Section 13(1 )(ia) of the Hindu Marriage Act, 1955 has been rejected.

(2.) FACTS not in dispute are that marriage between the parties was solemnized on 21st May, 2004 at Bemetara, Distt. Durg as per the Hindu rites and ceremonies and after living for about four days together at Station Road, Durg i.e. at the respondent's matrimonial home, that the appellant/ plaintiff and the respondent/ defendant proceeded on honeymoon on 26th May, 2004 to Darjiling along with two other couples and returned back to Durg after 10-12 days. This is also not in dispute that till June, 2005, the appellant and the respondent resided together at the matrimonial home and after that the respondent/ defendant is residing at her maternal home at Bemetara, Distt. Durg. However, rest of the facts are disputed.

(3.) IN the last week of June, 2004, as per the customs prevailing in the community, that the maternal relations of the respondent came and took her back with them to her maternal home. Thereafter, the appellant had gone in the first week of July, 2004 and brought her back with him to her matrimonial home. Even after return in the first week of July, 2004, her attitude and behaviour towards the appellant and his family members remained the same as neither she had given up taking gutkha nor had she stopped talking on telephone for a long time. The continuous long talking on the telephone by her aroused suspicion in the mind of the appellant and thereafter, after getting a parallel connection installed, when he heard the respondent/wife's talks on phone, he was taken aback as she was not talking to her maternal relations, but to her elder sister's brother-in-law (Dewar) namely Sanjay in an obscene manner. After this, when the appellant enquired about Sanjay from the respondent/wife, she replied that she was not willing to marry the appellant, but under compulsion she has married him and is residing with him. After this, there was an altercation between the appellant and the respondent, and thereafter, the respondent had stopped talking with the appellant for a considerable long time.