R Vs. J

JUDGEMENT

(1.) "J" and "R" got married on 03rd July, 1978 and two children were born out of their wedlock, namely a daughter, Pooja on 29th October, 1980 and a son, Raghav on 04th September, 1983. On 29th November, 2002, "J" instituted a petition for dissolution of marriage on the ground of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955 against "R" which resulted in the judgment dated 06th June, 2011 whereby the learned Trial Court rejected the prayer for grant of decree of divorce but passed a decree for judicial separation under Section 13A of the Hindu Marriage Act. Both the parties have challenged the impugned judgment. The husband is seeking a decree of divorce on the ground of cruelty whereas the wife is seeking setting aside of the decree of judicial separation. For the sake of convenience, the husband and wife are referred to as "the petitioner" and "the respondent" respectively, as per their nomenclature before the Trial Court.

(2.) The petitioner sought the decree for divorce on the ground of cruelty against the respondent on various grounds, inter alia, that the respondent was extremely suspicious towards him and often accused him of flirting around followed by abuses and tantrums along with callous and irresponsible behaviour towards his mother till she died, and was also irresponsible and callous towards the brother and sister of the petitioner. Soon after the death of the petitioner's brother in 1999, the respondent's suspicious nature went beyond all reason and tolerance when the respondent started accusing the petitioner of having an affair with the widow of his brother, Anuradha Dang. The respondent made such accusations not only in front of their children but also in front of his relatives, neighbours, police, friends and servants which resulted in feeling of deep anguish, disappointment and frustration in the petitioner. The continuous course of abuse and humiliating treatment was calculated to torture and render the life of the petitioner miserable, and the continuous unjustifiable conduct and behaviour of the respondent affected the physical and mental health of the petitioner, wherein the petitioner also suffered a massive heart attack in July, 2010. The petitioner was also accused of ignoring the welfare and education of his own children, while taking care of the children of his deceased brother on the premise that he was having an extra marital affair with the widow of his brother. The continued torture, both mental and physical of the petitioner at the hands of the respondent ultimately led to the end of their matrimonial relationship.

(3.) The respondent contested the petition on various grounds, inter alia, that the parties were happily married for more than 25 years and the petitioner started victimising the respondent after developing an extra-marital affair with the widow of his brother, Anuradha Dang. According to the respondent, the petitioner deserted the respondent after committing acts of cruelty and indulging in immoral acts. The respondent pleaded that she was informed by her friends that the petitioner was seen frequently at different restaurants, cinemas, clubs and shopping complexes with Anuradha Dang. She further pleaded that in 2000 the petitioner on multiple occasions, went to India to spend weekends with Anuradha Dang. The respondent pleaded that the petitioner was having immoral relationship with Anuradha Dang and in summer of 1995, the petitioner left the respondent in UK to continue his illicit affair Anuradha Dang. The respondent came to India on the death of her mother-in-law and found that her place has been usurped by Anuradha Dang, who was acting as petitioner's wife. The respondent pleaded that the petitioner in front of his various friends, told the respondent that as per the custom in Lucknow, the younger brother takes over his widowed sister-in-law and on another occasion, Anuradha Dang told the respondent that we should live together and share the petitioner as a husband and father of our children. During the petitioner's posting at Asian Development Bank, Philippines, the petitioner made extended official trips to Delhi to continue his adulterous relationship with Anuradha Dang and together they watched pornographic videos and spent time on weekends as informed by the well-wishers and friends of respondent who encountered petitioner and Anuradha Dang. The respondent further pleaded that the relationship between the petitioner and Anuradha Dang adversely affected their children who questioned the respondent about the relationship. The respondent denied the allegations of cruelty made by the petitioner and pleaded that the petitioner was cruel to the respondent.