RAJESH KUMAR SINGH Vs. SUMAN YADAV

JUDGEMENT

(1.) This is plaintiff's appeal under section 19 of Family Court's Act 1984 (hereinafter referred to as "Act, 1984") arising out of judgement and decree dated 15.05.2010 passed by Civil Judge (Senior Divison) Etawah in Case No. 199 of 2002 (Rajesh Kumar Singh Vs. Smt. Suman Yadav) under section 13 of Hindu Marriage Act, 1955 (hereinafter referred to as "Act, 1955") whereby, marriage petition filed by Plaintiff-Appellant for divorce on the ground of 'cruelty' has been dismissed. We may mention here that copy of decree dated 15.05.2010 has not been appended alongwith memo of appeal nor same has been filed subsequently. We therefore have examined original record to ascertain the same. Since decree dated 15.05.2010 passed by Court below is on record, we have proceeded with the matter.

(2.) We have heard Mr. Ashutosh Singh, learned counsel for Plaintiff-Apellant (hereinafter referred to as 'Appellant') and Mr. Praveen Kumar, learned counsel representing Defendant-Respondent (hereinafter referred to as 'Respondent').

(3.) According to plaint allegations, marriage of Appellant was solemnised with respondent on 09.02.1999 in accordance with Hindu Rites and Customs. After marriage Respondent came to her matrimonial home. However, according to Appellant, Respondent failed to discharge her spousal obligations and caused mental cruelty to Appellant. Allegation of cruelty alleged to have been committed by Respondent was sought to be substantiated by alleging that Respondent by her acts has not allowed Appellant to live in peace. She has started neglecting parents as well as brothers and sisters of Appellant. She also misbehaved with family members of Appellant. She also insulted Appellant in front of his friends. In spite of repeated request, there was no change in the attitude and conduct of Respondent. As such, Respondent caused mental cruelty upon Appellant. It was also alleged that conduct of Respondent was never smooth and cordial with Appellant. Repeatedly, Respondent uttered bad words against Appellant. Whenever, relatives of Appellant came to his house, Respondent insulted Appellant. She never prepared tea and snacks for guests nor she ever cooked food properly. Even on trivial issues, she would indulge in exchange of hot words. Such conduct has become a daily routine on the part of Respondent resulting in commission of mental cruelty upon Appellant and his family members. Family members of Appellant as well as Appellant attempted to pacify respondent, but no heed was paid by her. As long as Respondent stayed at her matrimonial home at Math, she repeatedly insulted Appellant and his family members. After a few days, Appellant took Respondent to IFFCO Township, Anwla, in the hope and belief that Respondent will behave properly. Contrary to aforesaid belief, conduct of Respondent toward Appellant became bad, day by day. It is also alleged that though Appellant and Respondent stayed together at IFFCO Township. Anwla, but no conjugal relation was established between parties as Respondent always refused to establish physical relation. According to Appellant, Respondent persistently stated that her marriage has wrongly been solemnized with Appellant contrary to her wishes and therefore, she did not establish physical relation with Appellant. As such Appellant was under mental stress for long period. On account of aforesaid conduct, time and again altercations took place. Respondent consistently threatened to falsely implicate Appellant in criminal cases regarding dowry. Parents of Respondent were also informed about aforesaid conduct of Respondent. They came and also tried to console Respondent in the belief that everything will get alright with passage of time, and left Appellant's home. On 25.05.2000, Respondent assaulted Appellant, but to save himself Appellant locked himself in a room. Appellant is alleged to have come out of room at 11.00 PM but even thereafter Respondent assaulted Appellant. It is further alleged that Respondent used to say that only after death of Appellant, she can have a happy life. Information of aforesaid incident was given to Police on 100 Dial Number upon which Police arrived at the spot on 12.00 PM. Police held conciliation proceedings with Respondent and thereafter, left. Respondent is alleged to have informed her parents and brother about aforesaid incident on telephone upon which parents of Respondent and her brother abused parents of Appellant on telephone and further extended his threat on telephone. Thereafter, an information was given to Senior Superintend of Police, Jhansi, vide application dated 30.05.2000 submitted by father of Respondent. Upon aforesaid information, parents and brother of Respondent came to the house of Appellant at B-4, IFFCO, Anwala and instead of requesting Respondent to improve her conduct, abused Appellant. They were bent upon to assault Appellant. They also extended threat to Appellant of falsely implicating him in dowry case. On account of such conduct mental cruelty was caused to Appellant. To save himself, Appellant gave an application dated 29.05.2000 to Security Officer at IFFCO, Anwla that his brother-in-law and other relatives of his wife are forceably staying in his house without his consent. Upon receipt of this application Security Officer, Anwla is alleged to have passed order directing other inmates of house of Appellant to leave. It is on such direction that brother-in-law and other relatives of wife of Appellant left Appellant's house. However, according to Appellant while leaving they took away expensive jewellary and other items which were received by Appellant as gift and Rs. 10,000/- cash, kept in Almirah and Respondent also accompanied them. After few days, Respondent alone came to the Office of Appellant and started residing with Appellant. However, again she started harassing appellant and used to indulge in exchange of hot and bad words with Appellant. In spite of repeated attempts made by Appellant requesting Respondent to mend her ways, there was no improvement in her conduct towards Appellant. Ultimately, upon repeated query, Respondent is alleged to have disclosed her desire to get divorced from Appellant. On disclosure of aforesaid fact, Appellant had a dialogue with his brothers-in-law but they did not pay any heed. Consequently, Appellant filed Case No. 282 of 2001 in Family Court, Jhansi and returned to Anwla. Thereafter, Appellant came to know that a false F.I.R. has been lodged by father of Respondent against Appellant and his family members regarding demand of dowry. Thereafter, father-in-law of Appellant is alleged to have taken U-turn, on account of which, Appellant submitted a withdrawl application in Divorce Suit. Subsequently, Police submitted a final report in criminal case lodged by father-in-law of Appellant. After aforesaid incident, Appellant and Respondent stayed together under the protection of father of Respondent but just as father-in-law of Appellant left IFFCO Township, Anwla, conduct of Respondent towards Appellant was as before. On 17.01.2002 Appellant went to Bijnor to attend marriage of his friend's brother. In absence of Appellant, Respondent requested her brother to come to Anwla and thereafter, she got an F.I.R. registered as Case Crime No. 43 of 2002, under Sections 498A , 323 and 3 / 4 Dowry Prohibition Act against Appellant and his family. Appellant is alleged to have returned on 18.01.2002 at 1.00 PM and went to attend his duties, which was in night shift. Upon return from duty, an information was received on telephone by Appellant that his father's health has become serious, therefore, he submitted a leave application on 19.01.2002 and proceeded for his home town at Math. On 19.01.2002 itself, while Appellant was on his way to Math, he was arrested and detained up to 21.01.2002. Thereafter, Appellant was sent to Jail on false allegations. Upon arrest of Appellant, he had to remain in Jail for two months. During this period, Respondent left her matrimonial home at Anwla and also took expensive goods alongwith her. On aforesaid factual premise, Appellant pleaded that cohabitation of Appellant and Respondent is now impossible and therefore, on account of false case lodged by Respondent against Appellant and his family members which was registered as Case Crime No. 43 of 2002 under 498A, 323, 504, 307 I.P.C . and Section 3 / 4 Dowry Prohibition Act, Appellant filed a suit for divorce on the ground of cruelty.