ARUN KUMAR Vs. INDIRA

JUDGEMENT

(1.) R. K. Rastogi, J. 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 FA 721 of 1996 and after removal of defects regular FA 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 30-4-1988 brother of Smt. Indira came to the house of 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 invain. 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 IPC and 3/4 Dowry 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 and 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.) THIS case was heard and decided by Sri S. K. Bhatt, then learned Judge, Family Court, Meerut vide his judgment dated 19-8-1996. He held on issue No. 1 that the defendant had treated the plaintiff with cruelty. He held on issue No. 3 that the defendant was entitled to recover Rs. 11,600/- as price of scooter, Rs. 7,500/- as price of Televista Television and Rs. 2,100/- cash given at the time of engagement ceremony; in all Rs. 21,200/ -. He, therefore, held on issue No. 2 that the plaintiff was entitled to a decree of divorce and the defendant was entitled to recover a sum of Rs. 21,200/- in respect of the counter claim. He, therefore, decreed the suit for divorce and also the counter claim of the defendant for recovery of Rs. 21,200/- only.