RAJINDER KUMAR MADHUKAR Vs. KUSUM LATA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 3.5.1997 passed by the Additional District Judge, Delhi dismissing the appellanlt's petition HMA No. 255 of 1996 seeking divorce from the Respondent on the ground of cruelty under Section 13 (1) (ia) of the Hindu Marriage Act, 1955.

(2.) THE parties were married on 12.12.1994. According to the appellant Respondent was creating problems soon after the marriage; she often used to run away from the matrimonial home and go away to Aligarh; the brother-in-law of the Respondent used to often visit the matrimonial home which was not liked by the appellant and he also underwent mental agony when the brother-in-law informed him that the appellant could not satisfy the Respondent. He suspected that the brother-in-law was having illicit relations with the respondent. It is alleged that the Respondent falsely told the appellant that she was attending marriage of her friend but later when he found that she had not gone there, he had stopped talking to her. The Respondent fought with the appellant on 11.12.1995 and consumed phenyl and it was only with great difficulty that the appellant and his brother were able to save her.

(3.) THE case of the Respondent was that soon after the marriage, the appellant and his family members started harassing her for more dowry; that she is a teacher in a Government school; that the appellant was having illicit relations with his Bhabi and compelled the Respondent to have illicit relations with his elder brother to which she did not agree. She denied the allegations made by the appellant against her brother-in-law as baseless and false and alleged that he did not come to Court with clean hands as he probably obtained a false certificate of sterlisation just to obtain a divorce from the Respondent. She denied the allegation that she had tried to kill the appellant and instead stated that the appellant had tried to kill her by pouring kerosene on her clothes from which she escaped.