GITA MASAND Vs. NARAIN DASS

JUDGEMENT

(1.) This appeal has been moved by Gita Masand againsta decree of divorce granted by Shri G.S. Dhaka, Additional District JudgeDelhi on 7-2-1984 in a petition for divorce brought by her husband NarainDass Masand. Of the two grounds alleged on which divorce was claimed,the one relating to desertion was not proved. No attempt to seek reversalof that finding in this appeal by Narain Dass has been made. Divorce insteadhas been granted on the ground of cruelty, and the basis of the same hasbeen the charge of adultery which Gita Masand levelled against Narain Dassand further that she had at one time taken sleeping pills in excess. It maybe relevant here to mention that the allegation of adultery was not initiallymade the subject matter of the divorce petition but was introduced by way ofamendment as a result of the written statement which Gita Masand had filedand in which she had mentioned that Narain Dass bad been ill-treating herbecause he had fallen in love with another girl named Surinder Kaur employedin his office for the last three years, it was added that Narain Dass hadmala-fide and with selfish motive sought divorce to enable him to remarry herthat employee who is young and beautiful.

(2.) The parties were married according to Hindu rites on 12-3-1967 andthey have three children now between the ages about 7 to 17 years. Theyare all at present living with Gita Masand, and in a petition moved underSection 125 Cr.P.C., Narain Dass has been required to pay Rs. 500.00 permonth to them as maintenance which has now been raised to Rs. 750.00 permonth.

(3.) At the time of the marriage, Narain Dass was employed at asmallsalary of Rs. 150.00 per month in an airlines office. Shortly thereafter theywent to England and lived there for a number of years. Two children wereborn there. Byabout 1976 they returned to India and Narain Dass startedtravel agency business in Connaught Place, New Delhi. The parties continuedliving happily till about the beginning of 1979. Shortly before that GitaMasand had gone to England where her third child was born and returnedfrom there by the end of February 1979. Gita Masand's grievance is thaton her return from there, she found the behaviour of Narain Dass towards hertotally changed and he started ill-treating and abusing her. He would comelate at night and became indifferent to her. This happened according to heras by about this time, the girl Surinder Kaur, joined is office as his employee.Narain Dass then started praising Surinder Kaur in the talks with GitaMasand and even expressed a desire that Gita Masand could separatefrom him so that he could marry her. He would take her in outings andsometime take the children along. The attitude of Narain Dass, accordinglybecame very rude and he used to give her beatings also and pull her hair. Onone occasion, she felt so disgusted that she took sleeping pills and had to beadmitted in a hospital. According to Gita Masand, the police wanted totake action against Narain Dass for his rendering her in that situationbut the still came to his rescue and ensured that no action was taken aganisthim. On one of the occasions, she had gone to the office of her husbandand found Surinder Kaur sitting in his cabin. She waited outsideand when Surinder Kaur came out and she went in, Narain Dasstook her to task for not extending greetings to Surinder Kaur. Tothis she replied that Surinder Kaur an employee should have instead wishedher. Finally, according to Gita Masand, she was turned out from thematrimonial home by Narain Dass after being given beating in the last weekof May 1981. Now she is living with her father who is a retired headconstable of police and who had as well served Narain Dass's office for about3 years between 1976 and 1979 as an employee.