ARUN KUMAR Vs. INDIRA

JUDGEMENT

(1.) Both these appeals have arisen out of the judgment and decree dated 19-8-1996 passed by Sri S. K. Bhatt, then learned Judge, Family Court, Meerut in original suit No. 492 of 1989, Arun Kumar v, Smt. Indira. It may be mentioned here that F. A. No. 863 of 2003 was originally registered as defective F. A. 721 of 1996 and after removal of defects regular F.A. No. 863 of 2003 was allotted to it. Since both these appeals have arisen out of the judgment in same suit, we heard both of them together and now we are deciding them vide a common judgment.

(2.) The facts giving rise to both these appeals are that the plaintiff Arun Kumar had filed original suit No. 492 of 1989 in the Court of the Civil Judge, Meerut against the defendant, Smt. Indira under Section 13 of the Hindu Marriage Act with these allegations that their marriage had taken place at Meerut on 29-1-1988 according to Hindu rites. Thereafter Smt. Indira came to the house of the plaintiff Arun Kumar to reside with him. The behaviour of Smt. Indira was very arrogant towards Arun Kumar and she misbehaved with him and his other family members. On 30-4-1998 brother of Smt. Indira came to the house of Arun Kumar and took Indira with him saying that she will come back after two days as she wanted to see her mother. Smt. Indira took all her ornaments with her. On 3-5-1988 Arun Kumar went to the house of parents of Indira to take her back, but she refused to come back, and her family members misbehaved with Arun Kumar. Thereafter Arun Kumar and his family members repeatedly met Smt. Indira and her parents and other family members for her Vida, but all in vain. Then Arun Kumar filed original suit No. 662 of 1988 for restitution of conjugal rights. After coming to know about this suit Smt. Indira's behaviour became worse towards Arun Kumar and he had to withdraw his above petition. On 8-8-1988 Smt. Indira filed an application under Section 156 Cr. P. C. in the Court of Chief Judicial Magistrate, Meerut against Arun Kumar, his parents and two unmarried sisters under Sections 307, 313, 498-A, 506 I. P. C. and 3/4, Dowery Prohibition Act. The Magistrate passed an order directing SHO, Kotwali Meerut to register a case, and then Arun Kumar was arrested by the police and his parents and sisters had to surrender in Court. Arun Kumar remained in jail for 25 days and then he was bailed out. Smt. Indira sent false complaints to the police authorities ana so the factory of Arun Kumar was raided by the police, and with connivance of Press, false stories were published in the newspapers. His shop was also taken into custody and the police gave it in Supurdagi of another person. When Smt. Indira left the house of Arun Kumar she was pregnant. Subsequently she got an abortion done against wishes of Arun Kumar. Then Arun Kumar filed this suit for divorce on the ground of cruelty.

(3.) Smt. Indira contested the suit and filed her written statement in which she admitted her marriage with Arun Kumar but denied rest of the allegations. She claimed in her written statement that after marriage she went to the house of Arun Kumar and resided with him as his wife. She went to her parents' house on 30-1-1988 along with Arun Kumar and returned back to the house of Arun Kumar in that very night with him and thereafter continuously remained with him up to 28 2-1988. Then she came to her parents' house on that date and stayed there upto 12-3-1988 to celebrate Holi, as according to the custom her first Holi could not be celebrated at her in law's house. She continuously resided with Arun Kumar from 12-3-1988 to 30-4-1988 when she was forced at about 8 P.M, to leave the house in wearing apparel only and since then she is continuously residing with her father. Arun Kumar and his family members are greedy. A sum of Rs. 1,50,000/- was spent in the marriage. A sum of Rs. 51,000/- was given by her father to Arun Kumar at the time of engagement and items like scooter and colour T. V., watches, LPG gas connection with cylinder, gold and silver ornaments, Sarees, wearing suits, utensils, double bed, almirah and suit-case etc. worth Rs. 75,000/ - were also given. Smt. Indira had been employed in Trilok Chand Shakuntala Sharma Adarsh academy Junior High School, Purani Mohanpuri, Meerut for a period of three years prior to her marriage. When she went to her in laws' house after marriage, Arun Kumar kept all her ornaments with him in the first week of February, 1988, and he and his family members started to make demand that she should bring her entire salary including previous salary which she had earned during the past three years of service. She replied that she did not have this amount with her and that it had been spent. Then Arun Kumar felt aggrieved and asked her to bring Rs. 10,000/- from her father at the time of Holi festival further stating that otherwise he would not keep her at his house and also beat her. Arun Kumar and his family members forcibly snatched monthly salary of Smt. Indira from her. Her father gave a sum of Rs. 10,000/- to Arun Kumar on 12-3-1988 at the time of her Vida and also gave other items of Rs. 1000/-. After receipt of this amount Arun Kumar and his family members became more greedy and they started a demand of Rs. 30,000/- more. Smt. Indira became pregnant and when Arun Kumar came to know this fact, he asked her that he should get her aborted because he did not want a child at that time and he administered medicines to her and also gave injection to her for abortion. He forced her to leave the house on 30-4-1988 at about 8 P. M. and thereafter repeatedly made demand of Rs. 30,000/-. He made a phone call to her on 7-8-1988 at about 8 P. M. and enquired about Rs. 30,000/- then she replied that the amount could not be arranged and that she was alone at her house. Then Arun Kumar, his father Jai Prakash and sister, Manju came to her house at about 9 P. M. and they closed the main door of the house from inside, Arun Kumar took out a blank stamp paper from his pocket and asked Indira to sign it. She refused to do so, then Arun Kumar's father and sister said that it was a good opportunity and since Indira was alone at the house of her father, she should be burnt then and there and that in this way there shall be no suspicion upon them. Then Arun Kumar's father and sister caught hold of her and Arun Kumar poured kerosene oil upon her. She shouted for help but Manju pushed her mouth and Arun Kumar's father throttled her neck. In the meantime her brothers Raj Kumar and Vinod came inside the house from the side of the drawing room, and on seeing them Arun Kumar, his father and sister rushed away on their scooter. They also left that blank stamp paper at that place in a hurry. Then Raj Kumar and Vinod got her medically examined and filed a complainant before the Chief Judicial Magistrate under Sections 313, 307 and 498-A I. P. C. which is still pending. Arun Kumar was running a factory of artificial medicines, and on receiving this information the police and the Drug Inspector raided his factory on 20-8-1988, arrested Arun Kumar and two lady employees, namely, Manju Rani and Anita and registered a case under Section 274/ 276 I. P. C. and Section 18/27, Drugs Act. A News item regarding this raid was published in newspapers. After this raid in the factory Arun Kumar and his family members disappeared and the police took action under Sections 82 and 83 Cr. P. C. and attached their movable property. Thereafter Indira moved an application before the Chief Judicial Magistrate for releasing those items which belonged to her. Arun Kumar also moved an application for the same relief. The Chief Judicial Magistrate asked the parties to produce evidence in respect of their respective claims. Aggrieved with that order Arun Kumar filed Crl. Revision No. 365 of 1988 before the Sessions Judge, which was decided by 1st. Addl. Sessions Judge,. He allowed it vide order dated 22-12-1989. The defendant was entitled to return of the items which were given at the time of marriage under Section 27 of the Hindu Marriage Act and so she was making a counter claim in that regard. Arun Kumar had forcibly obtained signature of Indira on several blank small slip.