SANYOGTA VERMA Vs. VINOD VERMA

JUDGEMENT

(1.) This appeal has been filed by the appellant wife against the judgment of the Additional District Judge dated 6.9.1988 whereby the petition filed by the respondent-husband under Section 13 of the Hindu Marriage Act was allowed on the ground of desertion.

(2.) The brief facts of the case are as follows : The marriage between the parties was solemnised on 3.5.1980 at Delhi according to Hindu rites. One female child was born out of this wedlock on 5.2.1981. Initially, the divorce petition was filed by the respondent herein on 5.7.1983 on the ground of cruelty, however later on, on 24.8.1984 an application was filed by the respondent seeking amendment of the divorce petition by including an additional ground of desertion. On 22.10.1984 the amendment was allowed and the divorce petition was contested by the appellant wife on both the counts i.e. cruelty as well as desertion.

(3.) It was alleged by the respondent husband that the appellant wife was suffering from mental and multiple diseases prior to the marriage and was undergoing regular treatment in various hospitals, however this fact was concealed from him and as such a fraud was committed by the appellant and the respondent was misled into marrying her. It was alleged that the appellant was aggressive in her nature and it was very difficult for the respondent to live with her. The appellant as well as her parents refused to get her medically examined and in fact the ailment of the appellant was concealed from the respondent even after marriage for a long time and the treatment was given to the appellant secretly by her parents. It was alleged that the mother of the appellant used to come to the house of the respondent on the pretext of meeting her and gave her medicine on the sly and the respondent was told that she was being treated for ear-ache. The respondent further alleged in the petition that after 40 days of the birth of the child, the appellant wife went to her parents' house on a ceremonial visit, however later after about 2/3 days the respondent was called to the house of the appellant and was informed that the appellant had developed some old illoess for which she required treatment and thus the respondent was asked to take the. baby child with him. Accordingly, the respondent took the child back to his own house. The appellant got treatment from various doctors and remained admitted in St. Stephen Hospital from 19.8.1981 to 26.8.1981 where she was diagnosed as a patient of Hypomenia. It was alleged that the true ailment of the appellant was always concealed from the respondent and he was all the time given the impression that the appellant was only treated for ear ailment and even her treatment and admission in St. Stephen Hospital was concealed from the respondent. The appellant remained at her parents' house for about six months and joined back the respondent in the second week of September 1981. It was further alleged that the appellant had deserted the child while the child was just 40 days old and the respondent had looked after the child with great difficulty since then. In fact, it was allged that after about 13 days of the birth of the child, the respondent was take.i to Dr. Roshan Lal Nursing Home, Naveen Shahdara whereafter checking the newly born child the respondent was told that the child should not be allowed to have mother's milk otherwise even the child may inherit the same disease as the mother. The respondent further alleged that the appellant's brother's marriage was held on 3.12.80. The appellant had already left the matrimonial home and gone to the parents' house after a quarrel with his mother. However, the respondent attended the marriage because the brother of the appellant came and requested him to attend the marriage. When the respondent went there he was told by the appellant that she did not have Sandals and asked him to purchase the same for her from Karol Bagh. When he took the appellant to Karol Bagh for ghopping, they decided to go to a Restaurant. While they were sitting in the Rastaurant the respondent told her to seek apology from his mother because she had made a mistake in quarreling with his mother. However, the appellant instead of agreeing to apologise became furious and started hurling abuses at the respondent in the Restaurant itself and as a consequence lowered his prestige before the general public. On 27.9.1981 the appellant tried to jump from the top floor of the house of t!ie respondent, however she was saved because by chance he had arrived from the market. The appellant was shouting at the top of her voice that she shall jump from the top floor and wanted to commit suicide because she wanted to involve the respondent, his parents, brothers and sisters in a criminal case. The respondent further stated in the petition that all the brothers and sisters of the respondent are physically handicapped and incapable to move out of the house indepandently and instead .of sympathising with them, the appellant treated them with cruelty. The respondent alleged that the appellant had suicidal tendency and in fact his father had lodged a report with the local police on 2/3.10.81 vide DD Entry no. 21 B. The respondent also relied on another incident which took place in the year 1981 near Holi festival when the appellant had refused to prepare tea for his friend which had lowered the prestige of the respondent in the eyes of his friend as well. The respondent also alleged that the appellant refused to discharge her matrimonial obligations and quarrelled with him on trivial matters.