MANISH GAUTAM Vs. SHIKHA GAUTAM

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the records. During arguments it is found that on the basis of available records, matter may be decided at this stage. Therefore it is accordingly decided.

(2.) Original suit no. 214/2008 (Manish Gautam v. Smt. Shikha Gautam) was filed for the relief of divorce under Section 13 of Hindu Marriage Act. The plaint case in brief was that after the marriage of parties on 31.01.2005, opposite party Smt. Shikha came in house of petitioner, but she was not satisfied with this marriage and her behaviour was bad. She had been abusing and humiliating the petitioner and his family members. She stayed only for one week and left house of the petitioner. Then again she visited the house of the petitioner in February, 2005 and left his house in same month. During this period, she has been misbehaving, threatening and treating the petitioner and his family members with cruelty. In spite of repeated request of the petitioner, the opposite party-wife had refused to live with him and even filed criminal case for offences of cruelty for demand of dowry and unnatural lust against the petitioner for offences punishable u/ss 498A, 323, 504, 506, 377 IPC and 3/4 D.P. Act. Due to cruel behaviour and wild allegation of opposite party-wife, the petitioner had suffered unbearable mental trouble and agony. Because of criminal case instituted by opposite party-wife, the petitioner and his parents were arrested and detained in jail. Due to this they were defamed. O.P.-wife left petitioner's house without any sufficient reason. Therefore, petitioner had filed petition for divorce on the ground of cruelty and desertion.

(3.) In written-statement filed in trial court, O.P.-Smt. Shikha had admitted her marriage with petitioner and pleaded that petitioner and his family members had been treating her with physical and mental cruelty. The petitioner had tortured her by unnatural intercourse, by beating her and by demanding dowry. The petitioner had evicted her from his house in the year 2008 and had filed suit for divorce on incorrect facts; therefore, petition is liable to be dismissed.