SHARDHA NAND SHARMA Vs. KIRAN SHARMA

JUDGEMENT

(1.) This appeal by the husband is directed against the judgment dated September 26, 1983 passed by the Additional District Judge, Delhi whereby his petition under Section 13 of the Hindu Marriage ACt, for dissolution of marriage on the grounds of cruelty and desertion was dismissed.

(2.) The appellant filed a petition for a decree of divorce under Sections 13(1)(ia) and (ib) of the Hindu Marriage Act (here-in-after called 'the Act'). It was alleged that the parties were married at village Bhains Rawli, District Gurgaon on 13.5.1970 according to Hindu rites and cermoney. From the Wodlock a daughter was bora namely Kavita on 23.8.1972. The said daughter is in the custody of the respondent wife. At the time of marriage the appellant was doing his B.Sc. (Engineering) in Delhi College of Engineering and he completed his study in June, 1971. During this period, the appellant was visiting the respondent and his parents whenever it was possible for him after getting leave from the college. The appellant was appointed as Research Assistant. In Irrigation Department, Haryana and later as Sub-divisional Officer (Irrigation). Between April, 1972 and June, 1976 he was posted at various places such as Charkhidadri, Rohtak, Bhiwani, Sarsa, Gohana and Hissar. In June, 1976 he was transferred to Delhi and took charge as S.D.O. Delhi Sub-division on 11.8.1976. He was allotted government accommodation at 4, North End Road, Civil Lines, Delhi.

(3.) It is further alleged in the petition that the appellant's father demanded Rs. 25,000/- from the appellant in May 1977 for contesting Haryana Assembly elections to be held on 12.6.1977. The appellant expressed his inability in the matter and told his father that he was not in a position to arrange the money demanded by his father. As a result, his father became annoyed and having grudge against him threatened him with dire consequences and the relations of the appellant and his father became strained since then and continued to be so. The father of the appellant in order to take revenue from the appellant. The appellant asked the respondent to joint him at Delhi to joint that appellant. Immediately on arrival, the respondent started treating the appellant with cruelty and she also made frivolous charges against the character of the appellant by alleging that he was having illicit relations with Miss Ram Piari Bhardwaj. Staff Nurse of Lady Harding Hospital, New Delhi, which allegation was totally false and baseless and the same caused mental pain and agony to the appellant. Miss Ram Piari Bhardwaj is the daughter of appellant's Bhu's Jeth whom the appellant was treating as his sister and she wasting rakhi as his sister and performing the ceremony of Bhaya Dooj to the appellant and she is still performing these ceremonies. Even before the marriage the said Miss Ram Piary was often visiting the house of the parents of the appellant being a relation and was performing the said ceremonies. She also attended the marriage of the parties. The appellant never had any illicit relations with the said Ram Piary although she was visiting the bungalow of the appellant at Delhi in the usual course. The respondent did not stop merely by making all false allegations and went to the extent of making false report against the appellant to the Chief Minister, Haryana on 30.1.1979 and celled false charges against him regarding his character, demand of dowry etc. As a result of which, the appellant had to face the departmental inquiry which was held against him. However, no action was taken against the appellant as the charge was found to be baseless. The appellant got fed up with the cruelties committed by the respondent, and her brothers who were also making conspiracies against the appellant in the said bungalow when the appellant was in office or on tour. In the circumstances, the appellant had in the alternative to take shelter in a temple in the first week of October, 1978 on the bank of river Jamuna and applied for cancellation of the allotment of the bungalow vide his application dated 3.11.1978 as the life of the appellant was in danger in the said bungalow in the hands of the respondent and her brothers. The said application of the appellant was forwarded by the Executive Engineer, Delhi Division to the Superintending Engineer by starting that the request of the appellant was genuine due to an alarming family affairs and the recommended that his allotment of the bungalow be cancelled. As no action was taken, the appellant moved another application for the said purpose. As a consequence, the allotment of the bungalow was cancelled w.e.f. 3.3.1979. The respondent, however, left the bungalow only on 26.3.1979.