SHAILESH KUMARI Vs. AMOD KUMAR SACHAN

JUDGEMENT

(1.) This appeal has been filed challenging the judgement and decree dated 21.02.2006 passed by the trial court, by means of which marriage solemnised between the appellant and the respondent dated 15.2.1989 has been dissolved by a decree of divorce.

(2.) The facts relating to the present dispute are that respondent filed a suit under Section 13 of the Hindu Marriage Act ( fro short 'the Act') for dissolving the marriage with the appellant dated 15.2.1989 by a decree of divorce on 26.10.2002 alleging therein that marriage between the respondent and the appellant was solemnised on 15.2.1989 at the residence of the appellant situate in District Kanpur Dehat according to Hindu rites and customs in presence of family members, relatives and friends of the parties. The respondent is having degrees of MBBS and MD and is a qualified doctor and was doing private practice at the time of marriage. The appellant also happens to be a qualified doctor having BAMS degree and she was at the relevant time posted as Medical Officer in Ayurvedic Hospital, Chunar, District Mirzapur. It is alleged that the appellant was having superiority complex in her mind and so she behaved roughly with the respondent at the initial stage. The respondent has to struggle a lot for establishing himself in the profession and during the infancy of the profession income of the respondent was almost nil. The appellant on the other hand was a Government employee and was drawing a handsome salary. The respondent always tried to cooperate with the appellant, but the appellant kept on mounting her hostile attitude. The respondent always tried to maintain the matrimonial obligations and tolerated the cruel behaviour of the appellant and within the period of seven years, he became the father of three children, namely, Km. Garima Shekhar aged about 11 years, Km. Deep Shikha aged about 10 years and Master Raj Shekhar aged about 6 years. The respondent devoted himself to the profession and in a short period of time, he gained excellency in his profession and established Shekhar Hospital as a branch name in the city of Lucknow. The appellant took a long leave and remained in the house like a boss from 1989 to 1997 to give support to the respondent. Since the respondent was living in a joint family along with his father, mother, two sisters and one brother, the behaviour of the appellant had never been kind towards his family and she always used hot and bad language to his father, mother, sisters and brother and bhabhi and habitual in insulting all those during whole time. Unfortunately, the elder brother of the respondent expired in the year 1996 (1998) and it became the duty of the respondent to look after the family of his elder brother, who were living along with the respondent. It is alleged that appellant wanted to throw them from the house and, therefore, she made allegation of illicit relation with his bhabhi, which caused great mental agony to the respondent and it is burning example of cruelty against the respondent. The appellant soon after the death of respondent, made allegations and started quarreling and beating the respondent and continued mental and physical injury to the respondent till bhabhi of the respondent left the house in the year 1998 (2000). The relations of the appellant had never been cordial with any of the family members and she never fulfilled her marital obligations towards father-in-law, mother-in-law, sisters-in-law as well as her own children. Everybody was feared that anytime the appellant can beat and abuse them without any rhyme or reason. The appellant left the house of the respondent for her parental house (Maika) after quarreling, abusing and beating the respondent and his family members many times during the last 13 years of her married life and since the parents and other members of the appellant were fully aware of the attitude of the appellant, so she was sent back to the respondent's house. The hospital of the respondent being a big hospital, a number of female employees like Receptionists, Nurses and Maids (Aayas) etc. are working and the appellant used to charge the respondent for illicit relations with a number of female workers of the hospital, so much so she compelled to terminate the services of female workers and the respondent has followed her instructions every time for the sake of peace of the family members, but the aforesaid act of the appellant gave the respondent mental agony and social pain and the appellant never care for it. The appellant always used to behave rudely with both the sisters of the respondent till their marriage and after their marriage, she never took care of the social responsibilities against them. It is alleged that the appellant crossed all the limits on 14.7.2002 as on the said date when the ISO team was inspecting the hospital for giving the ISO Certificate to the hospital, the appellant shouted loudly and made an attempt to beat the employees and the respondent in presence of the ISO team because of the reasons best known to her. The aforesaid behaviour of the appellant created a fear in the mind of everybody presented in the hospital. Anyhow, the respondent handled the situation and regretted to the employees and guests for the cruelty of the appellant. It is also alleged that in the night when the respondent entered in his bedroom after finishing his work, the appellant beaten him badly and scratched by nails on his mouth and other vital parts of the body and kicked him out of bedroom, but because of social status no FIR was lodged by the respondent about the said incident. On 16.7.2002 when the respondent was celebrating his birthday party organised in Geneses Club, Lucknow, where also the appellant made an attempt to beat him thrice before his friends and relatives. The appellant always treated the respondent with mental and physical cruelty while alone or in public, but the respondent tolerated all such things because of his social status and welfare of his family, but all in vein. It is further alleged that the appellant made allegations against the respondent that he has illicit relations with one senior Gynecologist who was working in the hospital and as a result of that, the doctor left the hospital and it caused irreparable loss to the hospital. The appellant continuously made allegations of illicit relations with every female worker in the hospital and the respondent became incapable of doing anything against the appellant looking to his social status and for the sake of welfare of his family. The aforesaid act of the appellant was a clear example of cruelty which was caused by her against the respondent, his children and his family members. The situation became intolerable to the respondent and if he continued to live with the appellant, then he will certainly become a psychiatric patient. The appellant was posted in the Government Ayurvedic Hospital, Khairabad, District Sitapur in December, 2001 and thereafter she left the entire obligations against the family and she always use to meet and felicitate her office colleagues and friends only either before the respondent or behind the back. The appellant also used to say that she is getting salary from the Government and she will destroy the respondent as well as his family and image of the hospital. The appellant always used to come to the house with her friends and some of those are residing with her at Sitapur. The respondent came to know from the Dispensary at Khairabad, District Sitapur that two persons are regularly living with the appellant at her residence at Sitapur and she is having illicit relations with them. The aforesaid act of the appellant was a clear case of bigamy. The appellant was not performing her matrimonial obligations since long back and there were having no relations as husband and wife between the respondent and wife for more than two years. After posting of the appellant at Ayurvedic Hospital, Khairabad in December, 2001, she was residing at Sitapur continuously without any care of the respondent or her children, but as and when she comes to the respondent's residence and hospital at Lucknow, she creates ruckus (hungama) in the family as well as in the hospital. The children of the appellant are also afraid of the cruel behaviour of her mother and they do not want to live with her mother and are living with the respondent. In the aforesaid circumstances, it became impossible for the respondent to live with the appellant as husband and wife and to survive in the society with such relationship and, therefore, the marriage with the appellant was liable to be dissolved.

(3.) Written statement was filed by the appellant admitting the fact that marriage with the respondent took place on 15.2.1989, but clarified that the marriage was solemnised from the house of the uncle (Sri Naresh Chandra Sachan) of the appellant, which was within the campus of HBTI, Kanpur. It was also said that father of the appellant had died prior to her marriage, therefore, Kanya Daan was performed by the said uncle of the appellant. It was also stated that bhabhi of the respondent shifted to her own house i.e. House No.8/212, Indira Nagar, Lucknow in March-April, 2000 on the advice of respected Guruji Sri J.K. Singh, the priest, who was leading the family of the respondent for the last so many years. The allegations which have been made in para 15 of the plaint have been set up as a foundation to protect the illicit relations of the respondent with his subordinate Richa Mishra, who was working as Management Executive in the hospital (Shekhar Hospital) of the respondent to whom the respondent was wishing to marry after getting divorce from her. The elder sister of the respondent Smt. Savita was already married in 1976 much before the marriage of the respondent with the appellant on 15.2.1989. The respondent was having illicit relations with Richa Misra and he wanted to marry her. It is also said that even after filing of the divorce petition, the appellant was living with the respondent and she was performing all matrimonial obligations and she was not aware of the proceedings of the said divorce petition and it was for the first time on 14.12.2002 when the respondent produced the ex-parte order dated 7.12.2002 before the appellant to prohibit her to enter into the residence of the respondent, then only she came to know about the divorce proceedings.