SHEENU MAHENDRU Vs. SANGEETA

JUDGEMENT

(1.) This appeal has been filed against the impugned judgment and order dated 03.11.2017 and its decree passed by the learned Judge, Family Court, Haridwar in Original Suit No.314 of 2015 "Sheenu Mahendru Vs. Sangeeta @ Soniya", whereby the petition filed by the appellant/ under Section 13 of the Hindu Marriage Act, 1955 has been dismissed.

(2.) The brief facts of the case are that the marriage of the parties was solemnized on 10.12.2010 as per Hindu rites and rituals. After the marriage the respondent stayed with the appellant's house in Khankhal at Haridwar. Out of the wedlock of the parties a son was born on 03.10.2011. The father of the appellant had died before the marriage of the appellant. The appellant has six sisters and all of them were married before the marriage of the appellant. The only old and infirm mother of the appellant was living with the appellant. After the marriage, the respondent started pressuring the appellant to reside separately at Delhi. She also started pressuring the petitioner to sell out his parental house. The appellant tried to convince the respondent that he has a private job and is not able to quit the job but the respondent became adamant on the demand that the appellant should sell his parental house. The respondent is comparatively less educated and always abides by the instructions of her elder sister Nisha Kocher and brother-in-law Chandra Prakash Kocher, it is alleged. Thereafter, the respondent again started threatening the appellant that if the appellant will not accede to her demand, then she would commit suicide and kill her son as well. At times, the respondent used to take out a knife and threatened to kill herself or to drown herself in Ganga, or to take any other suicidal step. She also started misbehaving, and even physically torturing the old and infirm mother of the appellant. The respondent frequently started taunting the appellant that she was ill-fated to marry an idiot like the appellant. The appellant tried to convince the respondent but she refused to fulfill her marital duties, and on 13.05.2012 in the absence of the appellant, she left her matrimonial home and took all the ornaments with her.

(3.) The appellant then filed an application under Section 9 of the Hindu Marriage Act for restitution of conjugal rights against the respondent. In that case the respondent appeared before the Court. During the proceedings, the appellant came to know that the respondent has filed an F.I.R. No.147 of 2013 under Sections 406 and 498-A IPC read with Section 34 IPC against the appellant and his family members with false allegations. During that case filed under Section 9 of the Hindu Marriage Act, the respondent also appeared before the Court and made a statement before the Court that he is ready to reside with her husband. On the request of the respondent the appellant took a rented house at Haridwar but the respondent did not come to reside with the appellant in the rented accommodation. Later on as per the direction of the Court, the appellant handed over all the household goods to the respondent in presence of the police personnel at Police Station Motinagar on 12.08.2013. Subsequently, on the direction of the Court the appellant took the respondent to his rented house at Haridwar, where they even celebrated the birthday of their son. The parties stayed together for some time at Haridwar as per the compromised reached between the parties but even then, the respondent refused to consummate marital relations. However, again the respondent started pressurising the appellant to settle down at Delhi. The respondent had become so violent that she would put a knife on the neck of her child and started threatening that if the appellant does not accede to her demand then she would kill the child and herself. When the appellant refused to fulfill her demand then the respondent told him that now she would not reside with him and told that she wants divorce and started demanding Rs.10 lakh. Many times, the respondent used abusive language for appellant in front of all his relatives. No physical relations were established between the parties since 17.09.2014 and she is living separately from the appellant since then. The appellant Sheenu Mahendra has filed the divorce petition under Section 13(1) (i-a) (i-b) of the Hindu Marriage Act for dissolution of marriage. As per the evidence, after marriage respondent Sangeeta started torturing the appellant as well as his old and infirm mother. She also compelled him to settle with her at Delhi. The respondent did not want to reside with her in-laws, since the mother of the appellant is an old and infirm woman. When the appellant did not agree to settle in Delhi, then the respondent refused to consummate the marriage. Ultimately on 13.05.2012, she left her matrimonial home and took all the ornaments along with her. With these averments the divorce petition was filed.