AMAR LAL ARORA Vs. SHASHI BALA

JUDGEMENT

(1.) By this appeal filed under Section 28 of the Hindu Marriage Act, 1955 the appellant husband seeks to challenge the judgment and decree dated 05.02.2001 passed by the learned trial court whereby the divorce petition filed by the appellant herein under Section 13 (1) (ia) & (ib) of the Hindu Marriage Act was dismissed.

(2.) Brief facts of the case relevant for deciding the present appeal are that the marriage between the parties was solemnized on 13.02.1987 according to Hindu rites and ceremonies and a daughter Gudia was born from the wedlock on 5.1.1988 . The case set up by the appellant in the divorce petition was that the respondent was under the influence of her parents right from the beginning of the marriage and her parents interfered in their affairs. It was also alleged that the respondent never showed happiness in residing with the appellant and never fulfilled her matrimonial obligations. It was also the case of the appellant that the respondent avoided normal sexual life with the appellant and thereby caused mental agony to him. It was also stated that the respondent left for her parental home on 13.12.1987 on the pretext of attending a marriage of some relation and when the appellant went to bring her back to the matrimonial home on 20.12.1987 her parents refused to send her back with him. The appellant again went to bring back the respondent on 23.12.1987 and also on 25.12.1987 along with his father, maternal uncle and two other relations and requested the parents of the respondent to send her but they refused. It was also alleged that the respondent herself also insulted and ill treated them. According to the appellant, when the daughter was born, he was not allowed to see her and was threatened to be killed. The appellant wrote letters dated 12.3.88, 16.3.88 and 25.3.88 requesting the respondent to re-join the matrimonial home but she refused. The appellant, therefore, filed a petition under Section 9 of the Hindu Marriage Act, 1955 for restitution of their conjugal rights and a compromise was arrived at between the parties and the respondent rejoined the matrimonial home on 27.7.89 but the respondent did not mend her behaviour and that she became more cruel and violent and started insulting and humiliating him frequently and also did not take interest in the household affairs and finally left the matrimonial home on 30.9.89. The appellant has also alleged that he was threatened of dire consequences to his life as well as that of his relations on various dates i.e. on 1.10.89, 6.4.91 and in fact was implicated in a criminal case under Section 498-A/406 IPC. It has also been alleged by the appellant that the police did not take any action against the respondent and her family members on his complaint and the respondent failed to join the matrimonial home despite his repeated requests and in this manner she willfully ill-treated him and finally deserted him. The appellant thus filed a petition for divorce on the ground of cruelty and desertion which vide judgment and decree dated 5.2.01 was dismissed and feeling aggrieved with the same, the appellant has preferred the present petition.

(3.) The petition was contested by the respondent wife and she claimed that just after about one and half month of marriage, the appellant and his parents started raising demands for colour T.V, scooter and cash of Rs.20,000/- and as her parents could not meet the said demands ,therefore the appellant and his family members started ill-treating her, beat her and threatened her of dire consequences and made her life hell. As per the respondent, she wrote to her parents about her miserable condition vide letters dated 2.6.87 and 11.6.87 and 13.6.87. It was further claimed by the respondent that she was severely beaten and thrown out of the matrimonial home on 29.6.87 and that efforts for compromise/reconciliation were made and in December, 1997 a Biradari meeting was held in which it was settled that the appellant would take her to the matrimonial home after 40 days of delivery. The respondent further alleged that the appellant did not take her back to the matrimonial home even after 40 days of delivery of the child on 5.1.88 and that the family members of the appellant demanded that her entire salary be accounted for the period she stayed at her parental home. It was also alleged that the appellant and his family members did not come to see her and the baby child even after due intimation. It was also alleged by the respondent that it was the meanness and greediness of the appellant s family which made her life hell and she was not allowed to enter the matrimonial home after being kicked out on 29.6.87. The respondent also alleged that after 2 days of her rejoining the matrimonial home she was beaten and humiliated and was pushed out of the matrimonial home with the allegations that she was not capable of giving birth to male child.