SHAKUNTLA KUMARI Vs. OM PRAKASH GHAI

JUDGEMENT

(1.) This appeal by the wife is directed against the judgement and decree of the Additional District Judge, Delhi dated 21st March, 1979 granting a decree for divorce to the husband under section 13(1) (ia) and (ib) of the Hindu Marriage Act, 1955 (to be referred to in brief as "the Act").

(2.) The appellant, Shakuntala was married to Om Prakash Ghai, the respondent herein at Meerut on 16th November, 1969. She was at the time, employed as a music teacher in Raghunath Girls Intermediate College, Meerut City. He was working in Delhi as an Assistant in the Lok Sabha Sceretariat. They lived together intermittently till 6th July, 1971.

(3.) During this period, according to Om Prakash Ghai, they "cohabitated only about four to five times". From the context, it is clear that what he means is that they had sexual intercourse about tour or five times. His case is that. Shakuntia was reluctant to have sexual intercourse and always complained of excessive pain and nervousness at the time of intercourse and weakness thereafter. She resisted to the extent of "raising a hue and cry and "weeping". As such, intercourse was neither complete nor satisfactory and he was upset.