VISHNU DUTT SHARMA Vs. MANJU SHARMA

JUDGEMENT

(1.) The Appellant here challenges the judgment dated 6.8.1996 passed by the Additional District Judge, Delhi, dismissing his petition, HMA Case No. 332/1995 seeking divorce from the Respondent wife on the ground of cruelty.

(2.) The marriage took place on 26.2.1993 and a female child was born to the appellant and respondent on 6.12.1993. In the petition filed by the appellant, it is stated that soon after the marriage, the Respondent was behaving in a cruel manner derogatory to the appellant and the family members, that the Respondent avoided staying in the matrimonial home and never remained there for more than 25 days together; and that after leaving the matrimonial home on 19.5.1993 while she was pRegulation nt with the child, the Respondent never returned to live with the Appellant. The father of the Respondent is a retired Sub- Inspector of the Delhi Police and the brother is a Constable and both used to extend threats to the Appellant and his family members that they would be implicated in false police cases.

(3.) It is then stated that at the engagement ceremony of the brother of the Appellant which took place on 12.2.1994, the Respondent reached the matrimonial house, behaved violently by destroying articles in the house and created a big scene that surprised everyone. The parties went to the police station and settled the matter. According to the Appellant he and the Respondent started living separately from his parents since then. However, the unpleasant incidents were repeated on 27.2.1994 at the Sagai ceremony of the younger brother and on 5.3.1994 on the date of the marriage of the younger brother. Thereafter the Respondent implicated the Appellant and his family members in a false police case under Sec. 406 and 498A of the Indian Penal Code by way of a FIR No. 18/95.