SUDESH KAUSHAL Vs. DARSHAN BALA

JUDGEMENT

(1.) This appeal by the husband is directed against the judgment and decree dated 1-7-82 passed by the learned Additional District Judge, Delhi where by the marriage between the parties was dissolved by a decree of divorce in favour of the wife.

(2.) The respondent wife filed a petition under Section 13(1)(ia) of the Hindu Marriage Act for a decree of divorce on the grounds of cruelty. It is alleged in the petition that the parties were married at Delhi on 10-3-78 according to the Hindu rites and ceremonies. After the marriage the parties resided together and cohabited as husband and wife- at the residence of the appellant for a week. The appellant was not satisfied with the dowry and he started maltreating, abusing and taunting the petitioner every now and then. The respondent visited her parents on or about 17-3-78. and narrated this fact to her brother and parents who pacified her that things would become normal in due course. The respondent was sent by the appellant to her parents on or about 20-4-78 to fetch money for him. She stayed with her parents for a fortnight and came back with the hope that better sense must have been prevailed upon the appellant. However, there was no change in the attitude of the appellant and he continued to abuse and maltreat the respondent. The respondent was turned out of the matrimonial home time and again for the .purpose of money and repeated demands.

(3.) It is further alleged in the petition that on 25-6-78 the respondent was mercilessly beaten by the appellant and this fact was brought to the notice of the mother of the respondent by Shri Vinod Kumar Sharma brother-in-law of the respondent who used to reside in the same locality during those days. The mother of the respondent went there and in her presence the appellant again abused the respondent and asked her mother to take her away. The appellant further stated that she could not remain with the appellant unless his demands were fulfilled. The respondent was physically beaten and was mentally tortured so much so that her health started deteriorating. It became injurious for her to live with the appellant but she had been tolerating for the sake of happy matrimonial life. The appellant has also been sending letters to the respondent which show the taunting and his cruel behaviour towards the respondent. The appellant also prepared a list of dowry items and told the respondent that the dowry given to him was not according to his status. The respondent became pregnant and on the asking of the appellant that delivery should be affected at her parents house, she was sent to her parents house on 17-9-79. A male child was born on 1-11-79 who unfortunately died on 4-1-80. The respondent again went to the house of the appellant on 4-1-80. She was abused and maltreated on the ground that the parents of the respondent had not given anything on the birth of the child and that the respondent was responsible for the death of the child. The respondent was shocked on these allegations and she tried .to satisfy the appellant in this respect but the appellant again forced her to leave the matrimonial home on 15-1-80 with the directions not to come to the matrimonial home again. The appellant thereafter went to Naraina at the house of the cousin of the respondent in May 1980 and he threatended to divorce the respondent in case his demands of dowry were not ful filled.