SANDHYA KUMARI Vs. MANISH KUMAR

JUDGEMENT

(1.) Sandhya is aggrieved by the decision dated January 31, 2014 dismissing HMA No.489/2012 filed by her seeking restitution of conjugal rights. Manish is aggrieved by a decision of even date dismissing HMA No.141/2012 filed by him seeking decree for divorce on grounds of cruelty. The two decisions dated January 31, 2014 have been authored by the same learned Judge presiding over the Family Court at Dwarka and we find that the evidence led by the parties is the same in the two petitions; one filed by the wife and the other filed by the husband.

(2.) The first shot was fired by Manish; apparent from the fact that the petition filed by him bears serial No.141/2012 and the one filed by Sandhya is 489/2012.

(3.) Case pleaded by Manish was that the marriage solemnized on March 08, 2011 was without any demand of dowry from him or his family, but customary gifts were given by the parents of Sandhya. The couple lived with his parents at P-283, Mohan Garden, Buddh Bazar Road, Uttam Nagar, Delhi. Both were working. The first act of cruelty alleged is that after two days of marriage Sandhya went to her parental house and returned after one month notwithstanding he making efforts for her to return to her matrimonial home. He could not understand the behaviour of Sandhya who would say that she was uncomfortable in her matrimonial home because there was no air conditioning in the house and that she did not want to perform household chores. The next (second) act of cruelty alleged is when the couple went to Vaishno Devi in April 2011. As per Manish, Sandhya reduced the trip to a nightmare on account of Sandhya constantly nagging him for bringing less money. The further act of cruelty is linked to the first, inasmuch as Manish pleads that half the time Sandhya used to spend in her parental house telling him that she had no time to cook meals in her matrimonial home. The third act of cruelty alleged is that on July 05, 2011 Sandhya telephonically informed him from her office that she was in the family way and had to undergo an ultrasound. Since during those days Sandhya was in her parental home he went to the house of her parents and took her to a doctor. Ultrasound showed a normal foetus. He pleads that on July 12, 2011, Sandhya returned to her matrimonial home, a day which turned out to be a nightmare. As per him Sandhya fought with him. Abused him and his parents. At 5.00 A.M. the next day i.e. July 13, 2011 Sandhya started shouting that she had aborted. He rushed her to a private clinic but Sandhya insisted to be taken to Dada Dev Matra Avm Shishu Chikitshalay. He pleads that Sandhya was brought back by him and she told him that she had to revisit the hospital after four days. He took her to Gupta Nursing Home to get an exact report and (quote) : 'The petitioner and his family were shocked to learn that the respondent had already aborted the baby without even taking any advice or informing the petitioner and his family'. Meaning thereby cruelty alleged was the unilateral act of Sandhya to abort the foetus. He pleads that on October 04, 2011 Sandhya left the consortium and went to her parental house never to return. She took her jewellery along. Whenever he tried to meet her to counsel her to return she would threaten saying that the two would henceforth meet only in the Court. On December 26, 2011 he received a notice from Crime Against Women Cell and when he reached the Cell he was humiliated by Sandhya.