SHWETABH VIKRAM GUPTA Vs. PRIYANKA GUPTA

JUDGEMENT

(1.) This appeal is preferred against the judgment and decree dtd. 4/4/2019 passed by the 2nd Addl. District Judge, Family Court, Raipur in Civil Suit HMA No. 156-A/2013, CIS No. 1183/2013 ( Shwetabh Vikram Gupta -v- Priyanka Gupta) whereby divorce petition filed by the appellant/husband (hereinafter referred to as -husband-) under Sec. 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as -the Act, 1955-) against the respondent/wife (hereinafter referred to as -wife-) was dismissed. 1.a It is pertinent to mention here that initially the divorce petition was filed in the Family Court, Varanasi (UP), subsequently pursuant to order dtd. 4/2/2013 passed by the Supreme Court in Transfer Petition (Civil) No. 1088/2012 the case was transferred from Family Court, Varanasi to the Fam ily Court, Raipur. Thereafter, the case was heard and decided by the Family Court, Raipur.

(2.) Brief facts of the case are that marriage between parties was solemnized on 14/2/2009 and they have been blessed with a son. It is alleged that after few months of marriage, behaviour of wife became cruel towards husband and she also avoided his company and physical relation with him. She used to taunt petitioner's personality that he is fat and looks like aged person and not of her liking. She always appreciates other members of family like father of husband, his brother and his sister's husband, further she used to say that on being kissed by her father-in-law, she felt great pleasure and enjoyed and had always said that she will like to live with her father-in-law separately in the same house. On being opposed by the husband, she used to go to her parental home at Raipur. It is further stated that she avoided to talk on phone with the husband but like to talk with her father-in-law and her other male friends. She always insulted, humiliated and avoided him which creates immense mental cruelty to him. Such conduct of wife shows that she does not want to lead marital life with husband, rather she want to live in her parental place at Raipur and lead independent life. It is further alleged that wife always makes false allegation on the husband, his mother, elder brother and his sister-in-law (Bhabhi) and thus, she created most uncongenial atmosphere in the family. She used to provoke father of husband which created difference between husband's father and mother. On 10/3/2012 she left company of husband without any reason and thereafter, she is residing in her parental place. Thus, she deprived husband from marital pleasure, which also amounts to cruelty to him. When husband went to meet his newly born son, she did not permit to meet him and also did not allow him to take photograph of the son. It is further alleged that when she came to know about filing of divorce petition by him, then she threatened him on phone that if he would not withdraw the divorce petition, then she will send them to jail in dowry harassment case, thereafter she lodged FIR of dowry harassment case in Mahila police station, Raipur against husband, his mother, brother and sister-in-law. It is further stated that during 3 years and 4 months of their married life, wife lived with husband for only 13 months in all which also amounts to cruelty towards him. Thus, now it is very difficult to continue the relationship between them. Hence, it is prayed that their marriage may be dissolved by a decree of divorce.

(3.) In reply, wife has denied all the allegations leveled against her and pleaded that she has never insulted or humiliated husband, rather she was always affectionate towards him and always take care of his respect on every count. It is contended by the wife that it was told prior to their marriage that husband has got education in California (USA) and has done special course in Economics from London School of Economics, despite that, wife of elder brother of husband told her that he has no will power to take any decision on his own. After marriage she came to know that his up-bringing and brought up was under scary atmosphere. Since husband himself was not being regarded by his family members, therefore, wife was also kept there in so called strict discipline. Even she was not permitted to have mobile phone with her and various other restrictions were imposed upon her, whereas her sister-in-law (Jethani) was free from such impositions. Husband also used to follow instructions of his elder brother and his wife. They also used to provoke husband so that divorce may be affected between them and they (Jeth and Jethani) may grab all their properties. Elder brother of husband is a known builder and they have huge house and property at Banaras, but no right was given to husband in that property, whereas those properties are their ancestral properties. Knowing their such intention, father-in-law of wife used to support her, therefore, such disgusting allegations have been leveled against them. It is further stated that on 10/3/2012 when wife came from her matrimonial house, then husband himself had come to leave them at Railway Station of Banaras, at that time, her sister-in-law (Jethani) had told her not to return, they will send divorce paper to her. Husband also never tried to bring her back otherwise she is still ready to lead marital life with him. She has further pleaded that if interference of her sister-in-law (Jethani), brother-in-law and mother-in-law in their life is restrained, then their marital life may go well. Thus, since all the allegations are false and fabricated, hence petition filed by the husband may be dismissed.