POOJA Vs. HEMANT KUMAR

JUDGEMENT

(1.) Allowed, subject to all just exceptions.

(2.) The facts of the case are that the respondent/husband had filed the petition for divorce on the grounds of cruelty under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 pleading inter alia that the appellant/wife was given to strange behaviour, which created a fear in his mind and his family, so much so that his elder brother had threatened to leave the joint family due to the adverse effect on his children, who were shaken, by her conduct.

(3.) The respondent/husband alleged in his petition that the appellant/wife proclaimed that she was a follower of Meera Baba and Jainka Baba and that she had been forced into the marriage against her wishes. On occasions, the respondent/husband and his family had to perform the sacrifice of cocks and goats in the name of Meera Baba and Jainka Baba to bring out the appellant/wife from under the influence of such Babas and which he agreed to perform under fear and in the hope that he could bring some normalcy in his marital life. It was alleged that due to the said acts of the appellant/wife, she had a miscarriage, which caused mental agony to the respondent/husband. The appellant/wife was also allegedly violent with the respondent/husband, having assaulted him on 14.10.2011.