RANJANA SAXENA Vs. PRABHASH SAXENA

JUDGEMENT

(1.) This appeal is directed against judgment and decree dated 1-8-96 of the Additional District Judge, Delhi dissolving the marriage between the parties by a decree of a divorce on the ground of cruelty under Section 13(1)(i)(a) of the Hindu Marriage Act.

(2.) The marriage between the parties was solemnized on 21.10.90 at New Delhi according to Hindu rites. On 27-3-1992, the respondent/husband filed a petition under Section 13(1)(i)(a) of the Hindu Marriage Act for dissolution of marriage by a decree of divorce on the ground of cruelty. According to the respondent, the appellant's behaviour and attitude towards him and members of his family had been very uncooperative and even cruel from the very inception of their marriage because the appellant being quarrel some in nature would pick up quarrel with him and other members of his family for no rhyme or reasons and she used to run away to her parents' home very often. Immediately after marriage, when the appellant came to the respondent's house, she complained about her feeling of suffocation in her matrimonial home as a result whereof marriage could not be consummated. To illustrate misconduct and cruel behaviour of the appellant the respondent averred specific instances saying that on 25-12-1990, the appellant picked up a quarrel with him and his mother and asked him to live separately from his mother. On that day, she threw a thali containing food at the face of her mother in law. On 26-12-1990 the appellant assaulted the respondent. She also caught hold of his testicles and pressed them with great force. She also threatened to kill the respondent if he tried to make her pregnant. Often, she wilfully and unjustifiably refused to have sexual intercourse with the respondent. On 18-6-1991, the appellant without the consent and knowledge of the respondent, underwent abortion at J.P.N. Hospital. On 10-8-1991, the appellant wrongfully took away entire jewellery of her mother-in-law to her parents house. On 24-3-1992, the appellant accompanied by two men and two women came to the respondent's house and belaboured him and his mother. Thus, it was averred that the aforesaid acts of the appellant amounted to cruelty within the meaning of Section 13(1)(i)(a) of the Hindu Marriage Act.

(3.) The petitioner was resisted by the appellant, who refuted all the allegations about her misconduct and misbehaviour towards the respondent and members of his family. She asserted that the marriage was consummated on the night of 22/23rd October, 1990 in Hotel Janpath, where the parties, soon after marriage, stayed together. She further asserted that she was subjected to humiliation and ill treatment at the hands of the respondents and members of his family right from the inception of her marriage. In particular, she averred that on 1-3-1991, on the occasion of Holi her Devrani Smt. Pooja insulted her by saying that her parents did not give sufficient presents to the respondent on his visit to her parents home on the occasion of "Rangpaashi". Her Devrani used to taunt her that she was a "SARAK CHAP" women. According to the appellant her Devrani was responsible for creating disharmony in matrimonial relations of the parties by inciting ill-feelings. She further asserted that her mother-in-law was of superstitious, nature and she had blind faith in her family `Guru'. Her Guru told her that since the appellant's `bidai' did not take place at the auspicious hours at 4 a.m., the appellant's late arrival at her matrimonial home became inauspicious. Unfortunately, the respondent's uncle died of cancer after 5 months of her marriage and the appellant was cursed and condemned for his death. On one occasion, the appellant was reprimanded by her mother in law for her refusal to take liquor. She levelled imputation that her husband and his family members are addicted to alcohol. It was also stated in the written statement that because of dissatisfaction over the dowry brought by her, her husband and members of his family used to maltreat her. It was further stated in the written statement that on 17-6-91, the respondent gave beating to the appellant on account of her refusal to take liquor for celebrating her pregnancy. On 18-6-1991, the appellant was admitted in the Emergency ward of J.P.N. Hospital and after her medical check up, the doctor advised her for immediate abortion to save her life. Consequently, on medical advice, appellant underwent abortion without the prior consent of the respondent. However, on 19-6-1991, the respondent brought her back to her matrimonial home. It was further averred that on 9-8-1991 at night the appellant was belaboured by the respondent on 10-8-91 she was kicked out of her matrimonial home by the respondent.