SUDHISH CHANDRA ANAND Vs. REKHA ANAND

JUDGEMENT

(1.) Smt. Rekha Anand is the wife of the petitioner Shri S.C.Anand. Their marriage was performed according to Hindu rites at New Delhi on 24 1.65. At the time of her marriage, the parents of Rekha respondent gave her several articles, including-jewellery, silver wares, clothes, etc. in dowry, which were taken into possession by her husband and his parents. Later on. the petitioner with the consent of his wife took the costly items of jewellery and deposited, in the locker of Delhi Safe Deposit at Janpath, New Delhi standing in the name of his parents. In the third week of August 1965, Mr. Anand was transferred to India Supply Mission in London an his wife followed him soon after.

(2.) It is the case of the respondent that on reaching England, her husband started misbehaving with her and on many a time ill-treated and assaulted her. She, however, continued bearing all this harassment. .From the said wedlock, a female child Sumati was born on 6.5.67 in London. But this birth did not being any harmony in the family. As the conduct of the petitioner became unlearable, the respondent made a complaint in the Court of Action Magistrate, Patty Seasonal Division, of Willingdon, alleging persistent acts of cruelty. The petitioner was held guilty of persistent acts of cruelly to the complainant-respondent and she was declared no longer bound to cohabit with the petitioner. By the same order, the legal custody of the child was given to the respondent. Thereafter, the respondent started living separately. The petitioner returned to India after the completion of his tenure whereas the respondent, continued living in England where she was gainfully employed.

(3.) In the month of October, 1977, the petitioner filed a petition for divorce against the respondent on various grounds which on contest was dismissed by the court of the Addl. District Judge, Delhi on 25.11.83. The petitioner's appeal before the High Court met the same fate on 15.2.5. During the course of hearing of the Appeal, Justice D.R. Khanna made efforts for reconccilliation but it did not yield any fruit. Left with no other option the respondent filed a complaint u/s. 406 Indian Penal Code in the Court of the Addl. Chief Metropolitan Magistrate, Delhi, on 26.8.85 alleging therein that ever since her marriage, all the articles of dowry have all along remained in the custody of her husband and his parents. These costly items were never given back to her in spite of repeated requests. Left with no option,, she sent a notice to the petitioner calling upon him to return all the items of dowery shown in the attached list belonging to her. But in spite of the same, the petitioner has not cared to send any reply. Since they have dishonestly and mala fide retained the aforesaid articles in order to make wrongful gain to themselves and wrongful loss to the respondent, they may be summoned and punished according to law.