INDRESH GOPAL KOHLI Vs. ANITA

JUDGEMENT

(1.) Challenge in this first appeal, under Section 19 of the Family Courts Act, 1984, is to the judgment and order dated 15.2.2018, passed by the Additional Judge, Additional Family Court, Rishikesh, District Dehradun, whereby the Original Suit No. 55/2013 of the plaintiff/appellant (husband), for divorce under Section 13 of the Hindu Marriage Act, 1955, has been dismissed.

(2.) The background facts of the case necessary to be noted for deciding this first appeal are that the marriage of the appellant - husband was solemnized with the respondent - wife on 20.5.2009 as per Hindu customs and ceremonies. On 7.3.2010, a son was born to them. Appellant's father runs a nursing home in Rishikesh and the respondent is also a doctor (B.M.S., M.D.). It was pleaded by the husband in the petition, filed under Section 13 of Hindu Marriage Act, that soon after the marriage, relations between the parties to matrimony soured and he was treated with cruelty by the respondent. It was alleged that the appellant (wife) used to create scene in the nursing home of the appellant's father and quarrel with the husband unnecessarily, and misbehaved not only with the husband but also with his parents. Respondent threatened to commit suicide and implicate the appellant and his parents for abetting the commission of such suicide. Respondent also threatened to implicate them in the false case of torture for dowry. It was further alleged that since such behaviour on the part of the respondent continued, therefore, appellant's father had to report to the police about her conduct on 18.8.2009 and in the night of that very day, respondent again quarrelled with the appellant and left the house of her husband and started living separately in her parental house. Efforts on the part of the appellant to persuade the respondent yielded no result and she continued to misbehave and create scene. It was also alleged that the respondent wanted to grab the property of the appellant's father. Ultimately, the appellant filed the Original Suit No. 59/2010, in which parties to the matrimony entered into compromise on 10.4.2012 and the appellant withdrew the said suit. However, the respondent again started misbehaving with the appellant and his parents and also threatened to implicate them in false cases and just 3-4 days after 10.4.2012 (date of compromise), respondent again left the house of the appellant and started living in Delhi. On 24.3.2013, respondent came to Rishikesh from her parental house and left after holding out threat to the appellant and his parents. Thereafter the appellant filed the Original Suit No. 55/2013 seeking decree of divorce on the ground of cruelty.

(3.) The respondent - wife contested the petition and filed her written statement. She admitted that she got married to the present appellant and a son born out of the wedlock. Respondent admitted that she left the appellant's house on 18.8.2009 and thereafter on 30.3.2010 and since 2013, she has been living with her parents. However, she alleged that she did so on account of the misbehaviour and torture being done by the appellant and his parents. Respondent also alleged that the appellant and his parents wanted to use her for immoral purposes. Respondent refused to give divorce to the appellant.