LAWS(DLH)-1981-8-29

CHANDHOK LAJWANTI Vs. CHANDHOK

Decided On August 26, 1981
CHANDHOK (LAJWANTI) Appellant
V/S
CHANDHOK (O.N.) Respondents

JUDGEMENT

(1.) The Chandhoka were married on 27-2-1944 at Peshawar. In 1947, they migrated to Delhi. One daughter and three sons were born out of the wedlock. After 34 years of marital existence husband O.N.Chandhok filed a petition for divorce on 30-5-1977 on the ground Of desertion and. cruelty. The wife Lajwanti Chandhok pleaded counter cruelty and also alleged that the husband had extra-marital relations with two Sethi girls namely, Satish and Vinod. The learned Additional District Judge found that cruelty on the part of the wife was established. By his order of 21-9-1979 he allowed the application and dissolved the marriage. Aggrieved, the wife has come in appeal. The husband has filed a cross-objection challenging the finding that desertion was not proved.

(2.) I have heard arguments. My attempts. at reconciliation and counsel have failed.

(3.) The allegation of the husband 13 that right from the day of marriage, Lajwanti began to treat him with mental and physical cruelty and it had now become unbearable. She is haughty, quarrelsome and aggressive. She use to lose temper on him without any rhyme or reason, used to abuse him very frequently, insult and manhandle him and used to hurl chappals, shoes, glasses and bottles at him. She falsely accused him of immorality. She refused to live with him in the year 1975 after their eldest son Ashok left for Canada. She was provided with a ground floor accommodation and the whole family moved upstairs. but even then, she did not relent rather her acts of cruelty continued to maltiply. She injured him once on ,26-1-1976 and again on 18-5-1976. She started demanding transfer of the house in her name and from May, 1976 started sending all types of signed or unsigned letters or pseudonymous letters to his employers, friends, relatives and officers including the Prime Minister, maligning his character. He moved with the other members of the family to another house in Greater Kailash in June, 1976. Yet, on March 15, 1977 she pelted stones on his car. It had become impossible for him to live with her any more. He told me that he has blood pressure and suffers from heart trouble. Divorce necessary for his very survival.