RAJESH Vs. SHEELA

JUDGEMENT

(1.) (i) In a claim for divorce under Section 13(ia)(ii) of the Hindu Marriage Act 1955 (for short the Act) when the statutory ground is established, what is the nature of "wrong" that can lead to the dismissal of the claim under Section 23(1)(a) of the Act

(2.) To the vital and crucial facts first. The parties are spouses. Their marriage in accordance with the Hindu religious rites was solemnized on 26.1.2000. The matrimony was in doldrums from the very initial days. They went for honeymoon to Port Blair; came back to the native place and the husband went to his place of employment - Mumbai, after 20 days of marriage. His mother was afflicted with cancer. She expired. The wife was taken to Mumbai, the place of employment of the husband. They lived together there for some time. Admittedly, after a period of about 6 months, in November 2000, the spouses started separate residence. From that day onwards the parties are residing separately.

(3.) There is a long history of litigation between the parties.M.C. No. 40/02 was filed by the wife claiming maintenance under Section 125 of the Code of Criminal Procedure. The husband entered appearance and filed a counter statement. He complained that his wife was cruel to him. He denied allegations of cruelty against him. He did not want to continue the matrimony. He submitted that he wants the marriage to be dissolved. He contended that there was no breach of his obligation to pay maintenance. He did not offer to maintain her on condition that she lives with him. He remained ex parte later. Notwithstanding that, it is reported, that there was an order passed by the court holding that the husband is guilty of cruelty. The husband was directed to pay maintenance at the rate of Rs. 5,000/- per mensem. There is no grievance that the said amount is not being paid promptly.