SANGEETA SHUKLA Vs. GANESH SHUKLA

JUDGEMENT

(1.) Being aggrieved with the judgment and decree dated 28th of October 2005 passed in Civil Suit No. 74-A/2005 by the Principal Judge, Family Court Raipur, the appellant/defendant (wife) has filed this appeal. By the impugned judgment and decree, a petition filed by the respondent/plaintiff (husband) u/S. 13 of the Hindu Marriage Act, 1955 has been allowed and a decree of divorce has been granted in his favour.

(2.) The marriage between the parties was solemnized on 28.6.1998. After the marriage, the appellant was residing in her matrimonial house along with her father-in-law and two mother-in-laws. According to the respondent, initially their relations were cordial. However, later on, the appellant started cruel behavior with her mother-in-laws. She also started cruel behavior with the respondent. She used to rise late in the morning. When it was opposed by the respondent, she used to quarrel with him. She used to press him for taking to hotels and for purchasing unnecessary articles. The respondent fulfilled the said demands for sometime, but later on, he denied to do all this on account of paucity of fund. The appellant did not take interest in preparing meals. When she was told for this, she used to quarrel. She used to abuse the family members of the respondent. The appellant used to leave the utensils and her cloths unwashed, which were being washed by her mother-in-laws. She simply used to sit for watching Television and reading novels even in the late night, due to which, the respondent suffered from insomnia. Even at the time of illness of the respondent, the appellant did not show any sympathy and she did not take his care. When the respondent used to inculcate her, she used to quarrel with him. The appellant lodged a false report in Manila Police Station on which the family members of the respondent were called there for 20-25 times. Thereafter, the appellant left the house of the respondent on 4.4.2000 and since the said date, she started living with her parents. It is in all these circumstances, a petition for grant of decree of divorce on cruelty was filed by the respondent on 24.7.2000, which came to be registered as Civil Suit No. 74-A/2005.

(3.) When the notice of the civil suit was received by the appellant, thereafter the appellant lodged a First Information Report in Manila Thana, Raipur on 17.8.2000. On this report, a criminal case u/S. 498A IPC was registered and the respondent, his father and mothers were arrested and later on released on bail from the Court of Judicial Magistrate First Class on 19.8.2000. Apart from the above grounds relating to physical and mental cruelty, the respondent took this ground also as an instance of cruelty by making necessary amendment in the petition (plaint) vide Para. 15-A on 19.7.2003.