SHASHI PRAKASH Vs. MONA SHARMA

JUDGEMENT

(1.) This appeal, under Section 19 of Family Court Act, arises out against the judgment dated 10-02-2009, passed by Principal Judge, Family Court, Haridwar in Matrimonial Case No. 113 of 2004 Shashi Prakash v. Smt. Mona Sharma, thereby dismissing the appellant's petition for divorce against the respondent.

(2.) Brief facts of the case, in a nutshell, are that appellant filed a suit against the respondent for divorce before the Family Court, Haridwar, with the allegations that marriage between the parties was solemnized in accordance with Hindu Rites on 1.12.1999 at Vishnu Dharamshala Birla Road, Haridwar. The parents of the respondent concealed this fact with the appellant that the mental condition of respondent before her marriage was not good due to which she looses her temper and become violent and she was receiving treatment. According to the appellant/petitioner the respondent started her cruel behaviour from the very first day after her marriage. She dispersed the decoration of her room in fits of anger and this act of the respondent was not only seen by the petitioner and his family members, but by his relatives also and all of them became annoyed and felt deceived. At this the family members and relatives of the petitioner in order to keep up the honour in the society, asked him to forget the incident and start his life with the respondent. On 3.12.1999 in the night when the petitioner went in the room of the respondent, she started telling him her old love affairs due to which petitioner became mentally worried. After about one month, the respondent started quarrelling with the mother of petitioner and she stopped doing the household works. The respondent also insulted the petitioner in the presence of his friends. Being fed-up the petitioner called the parents of the respondent in the month of November 2000 and narrated the activities of the respondent to them. At this parents of the respondent carried her to Dehradun with them in order to make her understand and for her treatment. Thereafter petitioner went to Dehradun and brought the respondent at his house and started living peacefully with the respondent. The respondent became pregnant and she again started quarrelling with her in-laws. The respondent gave birth to a son. She did not change her attitude and started quarrelling repeatedly with the parents of the petitioner. On 24.11.2002 she along with her cloths and ornaments went to Dehradun with her father after giving threats to the family members of the petitioner. The respondent was treated by Dr. P.K.Gupta at Dehradun. According to the doctor disease of the respondent is related to her behaviour and she is habitual for it. The family members of the respondent did not allow the medicines to the respondent on the pretext of intoxicated medicines. The respondent also started scuffle with the petitioner. On 1.1.2003 the petitioner started living at Kankhal in a room where also there was no change in the behaviour of the respondent. In the month of April 2004 the respondent again became pregnant. She asked him to abort the pregnancy but the petitioner did not ready for it and for this reason also she became violent. On 1.5.2004 in absence of the petitioner, the respondent went to Dehradun and got aborted her pregnancy. The respondent also informed the petitioner that she did not want to reside at Haridwar and if he wants to live with her, he has to come to Dehradun to resident there. It is also alleged in the petition that the Hon'ble High Court at Nainital rejected the petition of the respondent praying for transfer of the present divorce suit to Dehradun and also stayed the maintenance case, in consequence of which, the respondent filed a false complaint on 14.6.2006 against the petitioner, his mother, sister and sister-in-law for ill-treating her for demand of dowry. Due to above facts, the petitioner is suffering from mental cruelty and it is not possible for him to lead a marital life with the respondent. Hence suit for divorce was filed.

(3.) The respondent contested the suit by filing her written statement, denying the allegations of the petitioner. According to her Smt. Poonam sister of the petitioner, took initiative of the marriage of the petitioner and the respondent and told that petitioner is earning Rs. 18,000/- per month, he has purchased land in Sahashtradhara road and shortly he is due to go to abroad but all this was incorrect. She further alleged that her mental condition is all right. She does not loose her temper and is not violent and the ill-feeling between them was due to the petitioner. According to her, her mother-in-law was making her false complaint to the petitioner and one day on her false complaint petitioner gave a slap to her due to which she fell down and started bleeding from her nose and abdomen and she had to be admitted at Bangali Hospital Kankhal for her treatment. She also alleged that she was left at her parents house in Dehradun by the petitioner himself for her safe delivery. She alleged that elder brother of the petitioner also got divorce from his first wife on false and frivolous grounds and the petitioner also wanted to get rid of her by filing this suit on frivolous grounds. The petitioner wanted dowry from the parents of the respondent and due to this reason he is alleging false charges against her. She also alleged that she is B.Sc. and did the N.T.T. Diploma and she is ready to live in the company of her husband and the suit is liable to be dismissed.