PRABHATI MITRA Vs. D.K. MITRA

JUDGEMENT

(1.) This appeal by the wife is directed against the judgment dated Aug. 19, 1981 passed by the learned Additional District Judge, Delhi whereby her petition under Sec. 13(i)(ia) of the Hindu Marriage Act, 1955 was dismissed.

(2.) It was alleged in the petition that the parties were married on 18th Nov., 1968 at Lucknow. They lived together as husband and wife in Simla and out of the wedlock a female child named Sofia was born on 22nd Dec., 1969. Thereafter the parties shifted their residence to Delhi in the year 1972 and another male child named Raja was born on 3rd Aug., 1973. It is alleged that in the year 1971, the respondent started looking down upon the petitioner and he used to give taunts and insults to the petitioner. The petitioner was often treated with cruelty and was given beating by the respondent on one excuse or the other. The respondent also used to pass remarks that by marrying the petitioner he had uplifted a downtrodden woman. It is further alleged that after shifting to Delhi, the petitioner took up an employment as desired by the respondent so that the family may improve their standard of living. The petitioner joined the service in a school as a teacher, but after two years, she left the service as the salary there was insufficient. Later she joined Trade Fair Authority and whenever there had been exhibition at Pargati Maidan, the petitioner was employed to work as a guide in the pavilions. While acting as a Guide in the Trade Fair, the petitioner earned good money and was able to purchase television, fridge, scooter, cooler and many other items for the family and the parties started living happily. However, the excess of money earned by the petitioner resulted in the respondent taking to drinking and ignoring his wife and little daughter and thereby the matrimonial obligations were eclipsed.

(3.) It was further alleged that the respondent is employed in C.P.W.D. and is incharge of construction work of different pavilions of the Trade Fair Authority at Pragati Maidan, New Delhi. In the year, 1979, a big industrial fair was organised by the Trade Fair Authority of India and the respondent was looking after the construction work. Many of the contractors started coming to the respondent's house bringing wine with them in order to please the respondent to get their work done quickly. The respondent started drinking heavily and he also started to drink with those contractors. The petitioner objected to the coming of those contractors but the same had no effect on the respondent. In the month of March, 1980, the respondent was drinking with his friends who were the contractors. The respondent was so heavily drunk that he fell unconscious. On seeing the unconscious state of the respondent his friends started making indecent approach towards the petitioner. The petitioner called for help but seeing the condition of the respondent, she rushed to her bed room and locked herself inside the said room. The friends of the respondent kept on knocking the door but when they did not succeed, they approached the little daughter of the petitioner named Sofia aged about 11 years. The petitioner found herself in a very critical position, came out of the room in order to save the honour of her little daughter. She picked up a danda in her hand and started beating the friends of the respondent in order to save the honour of her daughter and succeeded in pushing out all the ruffians. The respondent came to his senses on the next morning when the petitioner narrated the whole episode to the respondent. Instead of feeling ashamed, the respondent started beating and hurling all sorts of abuses on the petitioner saying that she herself was characterless and therefore, the people approach her. The petitioner called her father to Delhi under the impression that in his presence, the respondent will behave properly and mend his ways. On 22nd March, 1980 the petitioner returned home in the evening. The respondent and the father of the petitioner were present in the house. On seeing the petitioner, the respondent started hurling abuses that the petitioner is an unchaste characterless woman and is carrying on the profession of a call-girl, attending customers in different posh hotels. The father of the petitioner objected to this remark and asked the respondent to prove such allegations before accusing the petitioner. The petitioner went into the kitchen and in the meantime, the respondent brought a packet of Nirodh and planted the same in the purse of the petitioner which was lying over there. The father of the petitioner objected to such shameful act of the respondent, but the respondent started shouting at top of his voice that the petitioner is a corrupt and characterless woman. The respondent went to the extent of calling his daughter and son and started explaining them the function of Nirodh and asked them to take these to the respective schools and show to their teachers and friends and also tell them that their mother uses these things in hotels and she is earning through prostitution. The father of the petitioner was so much ashamed that he fell unconscious. The petitioner requested the respondent to keep quiet for the sake of her father and the respondent in turn gave few blows and kicks and when her father became conscious, the respondent tore out the blouse of the petitioner making her completely naked in front of her father.