LAWS(DLH)-1982-8-48

RAM DASS Vs. KUNTO

Decided On August 03, 1982
RAM DASS Appellant
V/S
KUNTO Respondents

JUDGEMENT

(1.) This appeal by the husband is directed against the judgment dated 20-8-1981 passed by the learned Addl. District Judge whereby his petition for a decree of divorce against his wife on the grounds of cruelty and desertion was dismissed.

(2.) It was alleged in the petition that the parties were married in the month of May, 1973 at Delhi according to Hindu Vedic rites. They lived together at Delhi as husband and wife and out of the said wedlock a daughter named Aarti was horn to the parties on 18-4-1976. The brother of the petitioner was also married on the same day, time and place with the real sister of the respondent namely Bina. The respondent has a third sister known as Sita. It was further alleged that the father of the respondent is living on the earnings of his daughters inasmuch as he engages their services as part time domestic servant in the houses of various persons and the persons and the respondent and her sisters wash clothes, utensils and do cleaning etc. in the houses of the different persons and thereby earn various amounts which they hand over to their parents. Soon after the marriage, the respondent and her sister used to come hack to the house of their parents without the permission and consent of the petitioner and his brother and staved there continuously. The petitioner and his brother objected to their wives doing such a work but in spite of that the respondent and her sister continued to do the same work. Instead of listening the petitioner and his brother, the respondents and her sister and their parents started picking up quarrels with the petitioner and his parents at one or two occasions, the respondent even went to the extent of throwing her shoe on the petitioner when he tried to stop her from working and living with her parents. When the respondent was pregnant she came and stayed at the house of the petitioner for a short period and a daughter was born to the respondent on 18-4-1976. Soon thereafter she left the house of the petitioner without the consent of the petitioner and has since May, 1976 deserted the petitioner without any reasonable cause or excuse. Similarly Smt. Bina also left the house of the petitioner and his brother and is staying with her parents since April, 1976. A Panchayat was summoned on 15-5-1976 wherein the father of the petitioner and the father of the respondent took part. Amongst others Ch. Ramjas, Ch. Jahangi Ram and Ch. Ram Sarup were also present in the said panchayat. It was agreed by the members of the panchayat that the father of the respondent would not take his two daughters to his house from the house of the petitioner forcibly and the respondent and her sister would only go to their parents with the consent of the petitioner and his brother who would not object for their going for some time to their parents' house. However, in spite of that panchayat which was held at the instance of the father of the petitioner the respondent and her sister refused to go to the house of the petitioner under the influence of their father and have thus deserted the petitioner for a continuous period of more than two years. It is further alleged that the members of the panchayat also visited the house of the parents of the respondent and her sister in order to persuade them to come and join the petitioner and his brother but without any success. It is further alleged that the respondent has after the solemnisation of the marriage treated the petitioner with cruelty by throwing shoes at him and otherwise maltreated him and thereby caused mental pain and anguish to tie petitioner.

(3.) The petition was contested by the respondent. In her written statement she admitted the factum of marriage and the birth of the child, She, however, denied all allegations of the cruelty and desertion levelled against her. She denied that she was working in houses of strangers and was earning thereby. She also denied having abused the petitioner or having thrown shoe on him. She pleaded that the petitioner had denied money and clothing to her and she had to go to her parents for food. The petitioner completely neglected to provide any money or clothing to the respondent and she was turned out by the petitioner in the clothes she was wearing. She further pleaded that the petitioner failed to give her any money for her food and she had to file a petition under Sec. 125 of the Code Criminal Procedure on 26-5-1978. The said petition is pending in the court of the Metropolitan Magistrate, Paharganj. The holding of the panchayat was admitted by her and it was placed that the panchayat had held the petitioner at fault and asked him to take the respondent to his house and provide her with food and clothing and necessities of life. The Petitioner completely neglected to comply, with the wishes of the panchayat and never took the petitioner to his house. The parents of the respondent and her other relatives took the respondent to the house of the petitioner and after persuasion, the petitioner and his grand-mother allowed the respondent to be left in the petitioner's house but after some days she was again maltreased by the petitioner's grand-mother and forced to leave the house. When she went hack to her parents house she was again sent back to the petitioner's house where she remained for two or three weeks. She was again turned out by the grand-mother of the petitioner and this thing went on for six or seven times during the course of 11/2 years after the panchayat was held. When she was turned out on the last occasion she was not provided with any money, food or clothing. She stayed with her parents and filed an application for maintenance as already stated above.