LAWS(DLH)-2017-2-1

ARCHANA Vs. HIMANSHU BAHL

Decided On February 01, 2017
ARCHANA Appellant
V/S
Himanshu Bahl Respondents

JUDGEMENT

(1.) The parties were married on December 14, 2006. Regretfully, the marriage lasted for only one year. Archana left the matrimonial house on January 21, 2008. Petition seeking annulment of the marriage was filed on March 26, 2008 by Himanshu alleging mental cruelty.

(2.) As per Himanshu, attitude of Archana from the beginning of the marriage was not congenial for a good matrimonial living. Notwithstanding marriage being consummated there were issues and issues raised by Archana. Himanshu lays the foundation for the cruelty alleging that when the couple were on honeymoon at Mauritius from December 21, 2006 to December 26, 2006, Archana picked up a stuffed toy at a shopping mall, wanting to be photographed. The security guard objected. He i.e. Himanshu told Archana politely to comply with the request of the security guard. She flared up, threw the toy and ran shouting and crying. That night she kept on poking him and threatened to cut her wrist. He claims that on January 13, 2007, when his mother gave the customary money gift to the sister-in-law of his sister on the occasion of Lohri, Archana raised an issue. He claims that on February 03, 2007 when they went to congratulate Archana's sister on birth of a son, Archana raised an issue of not reminding her to purchase a gift. He claims that on February 11, 2007 Archana fought with him on the salary issue notwithstanding she being unemployed as on that date; having left her job after marriage. He claims Archana having created a bad scene in the house on the day of Deepawali, being November 09, 2007. He claims Archana creating a problem when the couple celebrated their wedding anniversary on December 14, 2007. He claims that on January 21, 2008 Archana created a very tense atmosphere in the matrimonial house requiring his parents calling Archana's parents. She suddenly rushed to the kitchen and brought out a knife and tried to cut her forearm nerve. Her parents took her with them to their house. Himanshu claims that on January 23, 2008, Archana sent an offensive e-mail from mobile No. 9810448799 on his mobile No. 9810405775 in which she threatened to commit suicide. Interspaced in these pleadings, with reference to dates and material particulars, are the pleadings that Archana was not showing respect to him or his parents and was not discharging her matrimonial obligations as is expected in a middle class Hindu family.

(3.) In the written statement filed by her, Archana denied all the allegations levelled against her. Regarding her parents visiting her matrimonial house and she accompanying them to their house and never returning thereafter, she admitted that on January 21, 2008 her parents came to her matrimonial house, but alleged that the reason was she being tormented by her in-laws. She was badly beaten and her wrist was cut with a knife. As per her, she was thrown out of the matrimonial house on account of lack of dowry.