V SHANKAR RAM Vs. SUKANYA

JUDGEMENT

(1.) This appeal filed under Section 28 of the Hindu Marriage Act is directed against the judgment and decree dated 22-10-1991 in O.P. No. 88 of 1990 on the file of the Additional Family Court, Madras. This appeal is by the husband. The marriage between the appellant and the respondent was solemnized on 27-11-1988 at Guruvayoor. The appellant states that after their marriage, they set up a matrimonial home in Madras. The marriage between the appellant and the respondent was an arranged one. The appellant is a member of a joint family and he is the eldest son in a family consisting of his aged parents and brothers. The appellant is a highly qualified engineer who started his business in Madras in the year 1975. The appellant was therefore looking for a wife who could adjust and fit well in a large family. The appellant was informed by the father and brother of the respondent that, the respondent having graduated from a well known city college and having widely travelled all over the country as well as the Foreign countries, is ideally suited to be the wife of the appellant and a good daughter-in-law for the family. The appellant was further told that the respondent is good at cooking and looking after the household matters. The appellant was aware that the respondent hailed from a famous family of musicians. Therefore, the appellant feared that the respondent getting married into a joint family, she may have to sacrifice her musical pursuits and may be unhappy after the marriage. Whereas the father and the brother of the respondent emphatically and profusely assured that the respondent would not allow her love for music to interfere with the responsibilities of a wife to her husband and his family. They also assured him that the respondent is a person of varied tastes and hobbies and as such got adjusted with any surroundings effortlessly. It is the case of the appellant that he did not have any opportunity to meet the respondent personally prior to the marriage and the petitioner believed the representations about the respondent by her father and brother as true. This apart, the father of the respondent was also suffering from leprosy. However, the appellant married the respondent on these assurances and the representative by the father and brother of the respondent and set up the matrimonial house in Madras.

(2.) However, according to the appellant, the appellant was able to truly judge the respondent in about three months period from the date of wedding by the following, amongst various other instances(a) The appellant now and again noticed that the respondent is unwilling to share any household work. When the help is needed the most, viz., in the morning, when the menfolk get ready to go out for work, she would be missing from the scene by being in the bathroom or before the dressing table decked with jewellery, with trim silk saree on and profusely sprayed with scent admiring herself and as if she was getting ready to go to some musical concert, unmindful of what is happening around her in the house.(b) The appellant also noticed any remarks made in good faith to instill the need for shouldering responsibility of the house would be instantly misunderstood by her as a criticism and she would lock herself in the bedroom sulking like a child and imagine herself as if suffering from some unknown ailment and hence unable to do any work. This would continue for hours together with the no let up for a day or two.(c) The appellant /petitioner further on cooking was practically nil. Else she shunned doing the cooking and did not wish to disclose talents in cooking lest burden of house-hold cooking may fall on her. Here again is the evidence of her childish instincts.(d) Besides, when the respondent reluctantly worked in the kitchen she acted in a forgetful manner causing uncalled for worries to others. She would forget to fix the gasket in the cooker and start cooking. She would even forget to put off the gas stove after the work. Her reckless attitude caused alarming situations and tremendous tensions to look after her safety. The respondent doing the work in this manner many times landed other members and the petitioner in acute mental tensions. Even at the factory, the petitioner could not work at peace with the constant worry about the accident to the respondent at home.(e) The immature, reckless, childish as well as absent-minded behaviour of the respondent is reflected in other ways as well. Gaudy dresses, talking to friends, lack of table manners etc., caused many embarassing times to the petitioner and resulted in misunderstanding with close relatives and thick friends, of the petitioner.(f) Contrary to the impression given earlier the respondent was not all adept at any other hobbies. Even when opportunities were given she would not show interest in anything else but music and music alone. She virtually lived and breathes music.(g) The petitioner is convinced that the predominant concern of the respondent is to make a career in music by actively arranging, managing, participating in musical programmes for her father's and others in her family. On a slightest pretext the respondent would run to her fathers place and conduct tution classes and rehersals. The respondent never even bothered to understand likes and dislikes of the appellant, his hobbies and other interest so as to build a closer relationship. The respondent purposely behaved as if she was least concerned about the appellant. In this process the respondent has thrown on rocks chances for developing attachments with the appellant's family and the appellant himself before it could even take roots. Hence the respondent has become a stranger in her matrimonial house for ulterior purposes.(h) The respondent was permitted by the appellant as well as his parents to conduct tution classes in music in the appellant's house. But in total disregard thereto the respondent is keen to go to her father with a view to develop her music career.(i) The appellant states that the respondent by her behaviour and conduct as above, has revealed that what she intended was to secure a marital status to improve her image in music circle in the company of her father and brother. The respondent did not want to be tied down with a life partner in a wedlock wherein both the partners look at each other with high esteem, love and affection and lead a peaceful family life.(j) Repeated counselling by the appellant to the respondent to give up childish impulsive attitude and try to live away from her father and brother, like a grown up and responsible person had no effect. On the contrary the respondent would turn hostile on such advise and start throwing tantrums causing mental agony to the appellant and other members of the family.(k) Many times the appellant would find the respondent locked in the bedroom and refusing to open up and other members sitting outside with long faces when he would return day's hard work. All this apparently triggered off on some small thing. In the result, the appellant would strain hard to pacify the respondent and spend sleepless nights brooding over the childish immature behaviour of the respondent.(l) The appellant further found that consummation of the marriage could not take palce as the respondent was not capable as a wife. Her mental conditions aforesaid, immature and childish coupled with lurking fear in her mind that the children are obstacles to her advancement of carrer in music weighed in her mind making consummation of the marriage a practical impossibility. As a result of her frigidity and mental set up as above it is impossible to have ordinary and complete consummation of the marriage with the respondent. Thus the respondent is unable to consummate the marriage.(m) The appellant found the situations created by the respondent as unmanageable leading to sleepless nights and mental tensions and the respondent did not show any signs of improvement or urge to improve. Therefore, the appellant persuaded her to stay at her father's place for betterment realising fully well that the appellant was deceived while giving his consent to the marriage with the respondent.

(3.) The appellant caused a legal notice issued to the respondent through his counsel on 15-12-1989. The respondent did not send any reply. But, that notice has been acknowledged on 1612-1989. According to the appellant, from the date of marriage till the time, the respondent went to her parent's house, the respondent never fulfilled her marital obligation of consummation of the marriage and appeared incapable of doing so. Hence, the marriage has not been consummated due to the impotency of the respondent. The appellant further states that a fraud has been played on him by the respondent, her father and brother by total misrepresentation on the material facts and the circumstances concerning the respondent. If the appellant had known the conditions of the respondent and the fraud played on him, he would never have consented to his marriage with the respondent. According to the appellant, the consent was obtained under fraud/deception and misrepresentation that the father and the brother of the respondent knowing fully well about the respondent's true character have made the appellant a scape goat by mis-representations for ulterior purposes. The callous attitude of the father and brother of the respondent is further exposed by total silence of the respondent and her father and brother more than 8 months on the date of the petition.