SUMAN KAUSHIK Vs. N.P.KAUSHIK

JUDGEMENT

(1.) BY way of this appeal under Section 28 of Hindu Marriage Act, 1955 (hereinafter referred to as ,,the Act), appellant has challenged impugned judgment/ decree dated 06.07.2009 passed by the learned ADJ, Delhi by which the divorce petition of respondent/husband has been allowed and the marriage between the parties is dissolved by decree of divorce on the ground of cruelty.

(2.) BRIEFLY the facts relevant for the disposal of the present appeal are as under:- The parties were married to each other on 06.03.1987 in accordance with Hindu rites and ceremonies at Chandigarh. After marriage, they had lived together as husband and wife and a daughter Nitika @ Gitika was born from their wedlock on 15.01.1988. The child since birth is living with the appellant/wife. It is admitted position that w.e.f. 16.10.1987 parties are living separately.

(3.) IT is alleged that in the second week of July, 1987, the brother of respondent namely, Dinesh and sister had come to see them. They were supposed to stay with them for a week. The appellant/wife did not welcome them and started grumbling that they had no business to come to their house. On the next date of their visit i.e. on 14.07.1987 the appellant/wife took the issue of their visit and started quarrelling with the respondent on the issue of preparation of breakfast as the maid servant had not come on that day. In a fit of anger, appellant/wife left for the office and deliberately bolted the entrance-cum-exit of the house from outside leaving the respondent/husband, his brother and sister trapped inside the house. With the help of neighbours, respondent, his brother and sister were able to come out of the house. On that day, respondent/husband also reached his office late. Due to the aforesaid act of the appellant/wife, the respondent/husband suffered great mental tension and torture. The respondent tried to make her understand and advised her not to behave in that manner. However, instead of listening his advice, she started shouting at the respondent/husband by saying that he was nobody to tell her anything and she was the absolute master of the household. It is alleged that because of the aforesaid incident, his brother and sister had left for their house within 2 days of their visit i.e. on 15.07.1987. It was alleged that during pregnancy, the appellant/wife was given proper care and nourishing diet. During pregnancy she attended her duties regularly. The respondent/husband invariably used to pick her up from her office after duty hours. The respondent had duty hours from 10.00 AM to 5.00 PM while that of appellant/wife were from 10.00 AM to 5.30 PM. There he had to wait for long hours. Appellant/wife would keep herself in the office in order to harass the respondent. In the first week of September, 1987, when the respondent/husband went to pick her up from her office and sent a message through a peon, within the hearing of respondent, the appellant told the peon to let him wait as he had no work except to disturb her. It was further alleged that appellant was a sharp tongue woman and in anger she never bothered as to what she was talking against the respondent/husband and his family members.