NISHA RANI Vs. SANJAY KUMAR

JUDGEMENT

(1.) THE appellant Dr. Nisha Rani has challenged the two concurrent judgments passed against her granting divorce to the respondent husband on the ground that she has deserted him almost for 10 years and thus, the marriage ties has irretrievably broken. Though this Second Appellate Court does not want to burden the judgment by reproducing the entire minute facts and controversy between the parties, but just to appreciate the findings of the courts below sans unnecessary details, it deems fit to make certain facts the part of the judgment.

(2.) APPELLANT Ms. Nisha Rani became a medico in mid 2002. Somehow, she and her parents came in contacts with Sanjay Kumar, the resident of District Pithoragarh, who and his family members posed him a qualified doctor undergoing preparation for the post -graduation course. Thus, the attraction between the two families grew up inasmuch as taking the shape of an arranged marriage because in the eyes of Dr. Nisha Rani as well as her family members, it was quite a good match. Unfortunately, the facts were not so truthful as were presented and the marriage was solemnized without getting them verified on the part of Dr. Nisha Rani or her family members. Being a qualified medico, she got a Government job in the Provincial Medical Services and was posted in Almora District Hospital, which is adjacent to the matrimonial in -laws house of Dr. Nisha Rani. Marriage was solemnized on 18.11.2002 and soon after the marriage, she remained almost for a month in her in -laws house in the company of her husband and his parents in Pithoragarh. She was appointed in Government Hospital as Medical Officer on 27.12.2002. So, she resumed her duties as Government Doctor there soon after appointment as such and started happy married life along with her husband Sanjay Kumar in a rented accommodation in Almora town. During her living in the same house along with her husband, when she found that Sanjay Kumar was no more taking preparation for any medical post -graduate entrance, she became curious to know and, to her appellations, quite shocked when she could know the real state of affairs that Mr. Sanjay Kumar was no more a doctor. This deception on the part of her husband Mr. Sanjay Kumar is well explained from the marriage card got published by him and his family showing his name prefixing the designation 'Dr.' before his name, while he was no more a doctor. This fraud is again ratified with the statement of PW1 Sanjay Kumar recorded in the trial court on 16.2.2010, wherein he has admitted in his examination -in -chief that he completed his MBBS from Lucknow in 2008 without internship, and such internship could be completed in 2009.

(3.) SO , it is obvious that at the time of marriage, viz., seven years ago, probably he was either a student of bioscience graduation or post -graduation or undergoing the preparation of entrance of MBBS, but he posed himself a full -fledged doctor. However, accepting her destiny with Mr. Sanjay Kumar as such, she persuaded him to go for his medical education and the same could be completed with internship in 2009 from Lucknow as has been admitted by Sanjay Kumar himself in his examination -in -chief recorded on 16.2.2010 in the trial court.