MAN MOHAN VAID Vs. MEENA KUMARI

JUDGEMENT

(1.) This appeal is result of an unusual situation in the sense that while respondent wife, Meena Kumari, sought divorce from the respondent Man Mohan Vaid on the ground of cruelty and desertion under Sections 13(1)(i-a) and (i-b) of the Hindu Marriage Act, 1955 (hereinafter called 'the Act' for short), and divorce decree was granted in her favour the appellant Man Mohan Vaid seeks a declaration to the effect that no valid marriage has ever taken place, and as such question of divorce would not arise. Man Mohan vaid appellant by this appeal intends to seek relief in criminal appeal.

(2.) According to Smt. Meena Kumari, she was married to Shri Man Mohan Vaid, the respondent, according to Hindu-Sikh rites and ceremonies at Gurudwara Singh Sabha, Shankar Vihar, Vikas Marg, Delhi, on 25.11.1990. It was an outcome of a prolonged love affair for both awaited approval of their respective parents. But ultimately they married against the wishes of their parents, but with the approval of other elders. After marriage the parties lived at the house of maternal uncle of Man Mohan Vaid. Shri Jai Kishan. Everything went smoothly for a month. But after a month Manmohan Vaid started ill-treating her and even levelled false allegations against her due to the influence of his father and sister, for the father and sister of Man Mohan Vaid were not happy because of insufficient dowry. The respondent started demanding VCR, Colour T.V., refrigerator, etc. at their instance. When the appellant failed to ask her parents and maternal uncles to give these articles, she was beaten mercilessly on 1.1.1991. It caused a mental shock. On 28.4.1991 father and sister of the respondent came to his maternal uncle's house where the parties were residing and asked him (Man Mohan Vaid) as to why he did not kick her out of the house when she had not brought the articles of dowry as demanded by them. The respondent also responded to the instructions of his father by slapping her and abusing her and puled her hairlock and dragged her out of the gate of the house. Father of the respondent told him to desert her if she did not fulfil the demands of dowry. On 3.5.1991 the appellant, his father and sister compelled the respondent to write a note as dictated by them and got the note signed by her. She was beaten up thereafter mercilessly and the respondent herself dropped her near her father's house. The requests made by the father of the respondent in June, 1991 to allow her to join her matrimonial home were flatly rejected. She filed a compliant with the police against the respondent under Sections 498A/406, IPC. She had not condoned the acts of cruelty and desertion.

(3.) The appellant Man Mohan Vaid on the other hand in his written statement denied the factum of marriage. According to the appellant, he was never married with the respondent. He also claimed that all the allegations levelled in the petition against him were false and the present petition and the criminal case filed against him were the result of conspiracy between the respondent, her maternal uncle and her parents.