LAWS(DLH)-1990-12-39

KIRAN SHARMA Vs. SHARDHA NAND SHARMA

Decided On December 21, 1990
KIRAN SHARMA Appellant
V/S
SHARDHA NAND SHARMA Respondents

JUDGEMENT

(1.) This is wife's appeal against the judgment dated 8th February 1985 of a Learned Single Judge of this Court whereby the husband's appeal against the judgment of the trial Judge, dated 26th September, 1983 dismissing his petition had been accepted. The husband has been hereinafter referred to as the petitioner while the wife has been referred to as the respondent. The facts giving rise to the present appeal are as under :

(2.) The parties come from orthodox Brahmin families having rural background. The father of the petitioner, Shradhanand Sharma, was a small time Vaidya in the village. The parties were married on 13th May, 1970 at Village Bhains Rawli, Distt. Gurgaon. At the time of his marriage, Shradhanand Sharma was studying for his B.Sc. in Delhi at the Delhi College of Engineering while his wife, Kiran was a non-matriculate. The petitioner completed his studies in or about June 1971. Thereafter, he was looking for a suit- able job and ultimately he was appointed as a Research Assistant in the Irrigation Department of the Government of Haryana some time in July, 1972. From 1972 to 1976, he was posted at various places in Haryana in the course of his employment which included Rohtak, Bhiwani, Sirsa, Gohana, Hisar, Charkhi Dadri, Chandigarh, etc. On 16th August, 1976, he was posted as S.D.O., Delhi Sub-Division, Canal Deptt. Government of Haryana at Delhi. During this entire period, the wife stayed either with her parents or with her parents in law and she never lived with the husband. A daughter named Kavita was born to the parties on 23rd August, 1972. When the petitioner was posted at Delhi, he was allotted Govt. accomodation which is a bungalow situated at 4, North End Road Delhi. On allotment of the said bungalow, the petitioner started staying there.' It is the common case of the parties that it was in September, 1977 that , the wife, for the first time, started staying with her husband alongwith the daughter of the parties. It is both parties case that till September, 1977, their relationship was normal and that there was no trouble or friction between them. So it was only from September, 1977 when the wife joined the petitioner at Delhi, the trouble started.

(3.) Further, it is the common case of the parties that the petitioner left the residence at 4, North End Road. Delhi in October, 1978 leaving his wife and the daughter staying in the said house and thereafter, the parties have never stayed together. After leaving the house, the petitioner admittedly wrote to his Department for cancellation of the allotment of the Govt. accommodation at 4, North End Road, Delhi in his favour. The water and electricity connections of the house were also got disconnected by him. Ultimately, the allotment of the sair Govt. accommodation was cancelled in. March, 1979 and the wife had to vacate the said house and go back to her parents in law. It is further an admitted fact that on 30th January, 1979, the wife made a complaint to the Chief Minister of Haryana against her husband. Before this complaint, the father of the petitioner had also written a letter to the Chief Minister of Haryana complaining about his son.