ASHOK KUMAR Vs. VIJAY LAKSHMI

JUDGEMENT

(1.) This appeal is directed against the judgment dated 16.1 1989 of ADJ by which she dismissed the appellant's petition for grant of divorce against the respondents-wife.

(2.) The parties were married on 6.5.82 at Sona, District Gurgaon wherefrom the respondent hails. There is no issue from the wedlock. After the marriage the appellant gave her all love and affection. He took her for honeymoon from Delhi to Banglore by air and from Banglore to Mysore and Ooti by road. In spite of love and affection having been showered by the husband on the wife, she did not appear to be pleased and said many times that he was not a suitable match for her and thus exhibited superiority over him. She also did not give due respects to his parents. She pressed him to leave her at her parents house. Accordingly, he took her there on 21.5.1982 i,e. just after 15 days of the marriage. According to him she had taken away all her gold and silver ornaments and costly clothes. She did not return with him on the pretext that she had to appear in an examination. He went again to Sona but found that she was not interested even in talking to him. He was not treated well and given proper respect. She also refused to return to the matrimonial home on the same pretext of appearing in the examination. Once again he went on the occasion of RAKSHA BANDHAN when he met the same treatment from her and she flatly refused to join the matrimonial society. After return he informed his parents, whereupon his father went to the house of his father-in-law and requested him to send back the respondent, but in vain. Rather her father asked his father to settle the matter through a Panchayat as she did not want to join him. Appellant's father accompanied by the Panchayat went again to the house of the wife and requested her parents to send her back to Delhi along with ornaments and costly garments but their efforts did not fructify and they returned. Rather she chose to file a petition u/S. 125, Criminal Procedure Code . for grant of maintenance in the court of J.M., Gurgaon which was ultimately dismissed on 22.4.83 because somehow she agreed to return to the matrimonial home. She came with him to Delhi on 22.4.83 and stayed with him upto 12.6.83 only. During this period also her behaviour was not good. On 12.6.83 her mother and uncle came to his residence, met the respondent and entered into a conspiracy to level unnecessary allegations against him. They are alleged to have gone to the police station Karol Bagh and brought with them some police officers on a false allegation that the appellant wanted to set her ablaze. The police officer, however found nothing of the sort as alleged by the mother and uncle of the respondent. Rather the respondent falsely alleged before the police officer that the appellant wanted to set her ablaze and further stated that she did not want to cohabit with him and ultimately left the matrimonial home. Further allegation is that on 14.6.83, appellant and his father were way-laid in Dev Nagar, New Delhi by the father and uncle of the respondent and given beatings. Appellant in the amended plaint stated that respondent in her w/s made false allegations against him to the effect that he was a dowry hunter. after money and prepared to commit the most heinous crime for the sake of money. She further stated that his such nefarious intention was also shared by his parents, brothers and sisters who wanted to suck last drop of their blood. She also falsely and frivolously alleged that there was a conspiracy to burn and kill her which was never done by him at any time. She made a false report against him at P.S. Karol Bagh as a result of which he had suffered mental pain, agony and humiliation which he continues to suffer. Even in her statement in court on 2.4.85 she falsely accused the appellant of having demanded Fridge, T.V., Scooter and Rs. 5000.00 in cash which demands were never made and such allegations were baseless and caused mental pain and agony to him. She is also alleged to have made false complaint against him to the Prime Minister of India, Vigilance and to his department i.e. Indian Airlines as admitted by her in her statement which also caused great mental agony and pain to him and lowered him in the estimation of his friends, colleagues etc. Thus she tried her best to spoil his future career and ruin him. He also alongwith his uncle and aunti went to her parents house on 2.7.83 to settle the matter. But they were not treated well. He was pushed from the house and given beatings by the respondent and her parents. They also humiliated his uncle and aunti and also threatened him to implicate him in some false case and a beating with chappals if they again attempted to meet her in future. According to him, such false allegations/statements against him amounted to cruelty which was never condoned by him.

(3.) The respondent refuted all these allegations of having ever dis-respected him and his parents and having given any chance to him from her side. However she said that the accusation by her of the demands of dowry articles was correct. It was also correct that the appellant had tried to burn her on 12.6.83 and it was with great difficulty that she escaped from clutches of the appellant, his mother and other family members. This was rendered possible by her mother's timely report on that date. She denied having made any report herself at the police station.