NITU ALIAS ASHA Vs. KRISHAN LAL

JUDGEMENT

(1.) The appellant in this letters Patent Appeal is the wife, who was respondent in the petition filed by the husband, seeking divorce by decree of dissolution of marriage, between the parties under Section 13(l)(ib) of the Hindu Marriage Act, as amended by the Marriage Laws (Amendment) Act, 1976.

(2.) The facts, in so far as are relevant for the disposal of this appeal, are that the petition was brought on the allegation that the marriage between the parties was solemnised on 20th February, 1977, according to Hindu rites and ceremonies, and out of tin-, wedlock, a female child named Poonam was bora on 24th January, 1978. According to the petitioner (husband), he was residing with his parents, brothers and sister at the time of marriage in flat No. 40, Sarojini Nagar Market, New Delhi, and that the respondent in the proceedings; namely, the wife started postering him to live separately from his parents after 10/12 days of the marriage, and he was so harassed by her on account of her misbehaviour with him and his family members that he was compelled, alter a few months, to take a separate house on rent in Safdarjang Enclave being B-3/49. It was, however, stated that the younger brother of the petitioner Deen Dayal also shifted with him as he (husband) did not find it possible to afford the high rate of rent and that his brother agreed to share the same with him. He alleged that after shifting to the new house, the wife started insisting that he render monetary help to her parents on the plea that their financial position was poor, and that otherwise also, the respondent used to give clothes and some money to her sisters and parents, against the wishes of the petitioner, but he put up with all this in order to adjust with the respondent although her conduct was proving a great drain on his resources. He alleged to have pleaded with the wife to give up her ways but without any effect so much so that she refused to cook food for him and to perform other conjugal duties and her brothers and sisters also started abusing and humiliating him.

(3.) The petitioner went on to allege that mother of the respondent died some time in middle of 1977 and at that time, she (wife) compelled him to give Rs. 1000.00 to her father for meeting the necessary expenses which amount he pleaded to have arranged from his parents and paid to the respondent (wife), and the same remained still unpaid. He alleged that whenever he demanded back that amount from the father of the respondent, through her, she picked up quarrels and, that thereafter in October 1978 her father fell ill and then also she required him to lend Rs. 500.00 to her brothers for the treatment of her father which again he gave after obtaining the same from his parents. According to him, respondent's father died subsequently on 7th November, 1978, of which they received information on 8th November, 1978, and on that occasion also, the respondent told him to pay a sum of Rs. 5000.00 to her brothers for performing the customary rites in connection with the death of her father, but he expressed his inability to pay the said amount or to arrange the same. and thereupon the respondent, her brother and sisters started quai rolling with him and insulted him. He alleged, however, that on coming to know of the death of respondent's father on 8th November, 1978, be immediately along with his mother and sister accompanied her. adding that his father did not go, as he was not in Delhi, being away to Haridwar.