ABHA AGARWAL Vs. SUNIL AGARWAL

JUDGEMENT

(1.) The appellant is the wife who had filed this appeal against her husband-respondent challenging the judgment and decree dated 1/11/1999 passed by Smt. Shadhana Chaudhary, Judge, Family Court, Allahabad in matrimonial petition No. 178 of 1993 (Sunil Agarwal v. Smt. Abha Agarwal), whereby the marriage of the couple has been dissolved by a decree of divorce on the ground of cruelty. The husband was the petitioner before the Court below.

(2.) The husband founded the divorce petition on these allegations : The husband belongs to a very respectable family of Allahabad whereas the wife comes from a family of Tilhar, District Shahjahanpur. Their marriage was solemnized at Allahabad in March 1988. Their wedlock gave birth to a male child. His father is an old businessman; his brother is one of the leading doctors of Allahabad and his wife is also a medical practitioner. He himself is a law graduate, but is engaged in business. He with his wife jointly lived in Bunglow No. 22A/1 Tagore Town, Allahabad with other family members till 30/08/1992. His parents are old and aged requiring nursing and care. He is very much attached to his parents, elder brother and sister-in-law are equally affectionate to him. After the marriage, his wife lived with him only for about ten days. From the very beginning she was hostile, asking him to abandon her and to leave her at her home, giving out that she never wanted to marry. After a month she was brought by him to his home after Vidai. This time also, her attitude did not change. Her treatment towards him, his parents, brother and sister-in-law became harsh. She disrespected and humiliated them all the time using insulting language. On his interference she used to quarrel with him throughout the night. In June 1988 he suffered from jaundice. She remained totally indifferent towords him during his ailment and continued with her activities of quarrelling with his parents, brother and sister-in-law. Somehow, he recovered and then she started insisting that he should separate from his parents and brother. On his not agreeing to her proposal, she started creating havoc, abusing all the family members including him and fomenting all sorts of trouble leading to un-peaceful atmosphere in the house. The cruel treatment of his wife hurt him and other family members. In April 1988 she was found to be pregnant. Her insistent desire to live separately strengthened when she was pregnant. He and his wife had been once invited by the latter's brother-in-law at Allahabad in a birthday party. While he was bringing her back on scooter, she refused to go to his house and jumped from the pillion seat of the scooter, causing injury to herself. His all attempts and those of his family members went unheeded and could not bring about the slightest change in her behaviour. She continued to be furious and to misbehave with all of them. She went away to her brother-in-law's place saying that she had no relations with him and his family and she would better stay at the house of her parents. He was not only hurt but was mentally and spiritually broken at the cruel treatment of his wife. He was then constrained to file a petition for divorce against her. She did not file any written statement there. Instead, her parents and well-wishers intervened and implored him and his parents to give her one more chance to correct herself. On such entreaties, he and his parents took pity and she again started living with him and his family members since the last week of January 1991. He did not prosecute his petition for divorce which ended in dismissal for default.

(3.) She behaved normally for a while but renewed her demand of separate living offering vigorous insults to him and other family members hurling abuses. She also held out a threat to end her life to get him and his family members imprisoned. Her anger became so violent that she threatened to beat him and his parents with shoes. He had great love for his only son. She exploited this weakness by cruelly beating the child. Ultimately, seeing no other way out he succumbed to her demand of living separately and took house No. 474/270, Sohbatiya Bagh, Allahabad on rent and started living their with her with effect from 31-8-1992. The matter remained calm for some time but again the trouble started. She did not permit him and his son to visit his parents even on holidays or festivals. She used to become irritated, abusing him and beating the son. She also started making wild and dirty allegations against his elder brother's wife. In her such acts she was instigated by her sister and sister's husband Deepak Agarwal who used to visit her in his absence. When he rebuked her and asked her not to permit her brother-in-law to visit her in his absence, she became infuriated and threatened to end her life and to get him and his family members implicated in criminal case.