ARUN KUMAR Vs. NEELAM

JUDGEMENT

(1.) This appeal by the husband is directed against the judgment dated 17th Nov., 1981 whereby the petition of the husband under Sec. 13(1)(ia) of the Hindu Marriage Act for dissolution of marriage by a decree of divorce was dismissed.

(2.) The appellant filed a petition for divorce. It was alleged in the petition that the parties were married on 13th April, 1978 according to Hindu rites and ceremonies. Out of the wedlock, a son was born on 27th May, 1979 who survived only for three months and died thereafter. It is alleged that soon after the marriage the respondent started behaving in a rude and cruel manner and she insisted that the appellant should take a separate house in case the appellant wants to lead a married life with the respondent. The appellant being unable to take a separate house did not accede to the demand of the respondent. The respondent started going to her parents house without consulting or informing the appellant. The appellant kept on tolerating this conduct of the respondent and the respondent was even shirking work in the house when asked by the appellant or his parents. The respondent went to the extent of abusing the appellant and implicating falsely in cases of theft and criminal misappropriation by saying that the appellant had stolen the question papers and stationery from his office. The respondent also raised false allegations against the appellant to the extent that the appellant wanted to re-marry with a girl who is working in his office whereby the appellant was defamed. It is further alleged that on 19-1-1980, the respondent's parents came to the house of the appellant who took the respondent with them after executing an agreement deed for divorce by mutual consent. The respondent collected all her belonging including cash and jewellery from the house of the appellant and took them along with her. In spite of this, the respondent made a report against the appellant with the police station at Kingsway Camp under Sec. 107/150. It is alleged that the said treatment of the respondent in lodging a false criminal complaint and involving the appellant in a theft case amounts to cruelty and the appellant cannot be expected to live with the respondent in these circumstances.

(3.) The petition was contested by the respondent wife. In the written statement, the factum of marriage and the birth of the child was admitted. It was further alleged that the whole trouble started when the appellant started demanding more dowry and he even accused the respondent of not bringing enough dowry and sarees and clothes for the relations of the appellant. It was further alleged that in spite of the fact that the respondent's parents had given sufficient dowry including gold ornaments, T.V., Refrigerater etc., the appellant and his father were not satisfied. Soonafter the marriage, the appellant joined the University as a Stenographer and demanded a scooter or Rs. 10,000 from the respondent and he threatened that unless his demand is fulfilled he would not let the respondent stay in the matrimonial home. She denied that she ever asked for a separate home. She further alleged that the appellant was moving about with another girl named Rita and the appellant told the respondent that he was going to marry with the said Rita who is a working girl. It was further alleged that though the appellant had the cooking gas in his house but they always used to keep ten litres of kerosene oil and used to tell that the same had been kept to burn the respondent if she does not go to her parents and sign on the divorce deed prepared by the father of the petitioner-appellant. The respondent kept on bearing all sorts of cruelty at the hands of the appellant and his father and in spite of that she was ready and willing to live with the appellant as a Hindu wife if the appellant gives up the idea of second wife.