PUJA SURI Vs. BIJOY SURI

JUDGEMENT

(1.) This is another case where a marriage has gone sour. The appellant and the opposite party fell in love, had courtship of about four years, got married, lived together for about two months, and thereafter living separately, quarrelling as well as litigating in matrimonial and criminal cases for about 14 years. In meantime four years ago in year 2012, when second appeal was dismissed in default and before its restoration, the the respondent-husband had solemnized second marriage. Parties have no child from their first marriage, but the respondent-husband had two children from his second marriage. The attempts of mediation between the parties had been made several times, which failed. Parties knew that their matrimonial relations had been damaged beyond repairs, but on one hand wife-appellant had prosecuting several criminal cases against respondent for sending him to jail and on other hand she is prosecuting this appeal for restoration of matrimonial bonds.

(2.) The applicant Bijoy Suri had filed petition (Original suit no. 22/2004 Bijoi Suri v. Puja Suri) under Section-13 of the Hindu Marriage Act in which it was pleaded that parties had friendly relationship from the time of their studies in New Delhi and had agreed for marriage after completion of studies. Their marriage was solemnized on 12.10.2002 and they live together till 27.12.2002 in New Delhi and Mumbai. The O.P.-Puja Suri was employed in Economic Times, New Delhi while petitioner was employed in bank in Mumbai. When petitioner asked his wife to start carrier in Mumbai, then she had threatened to break the matrimonial relationship. She had also treated the petitioner with cruelty and also stopped co-habitation with him. She had threatened and insulted the petitioner before other persons and informed that she cannot live separately from her mother, who is more important than the petitioner's job. On the ground of cruelty, petitioner had sought relief of divorce in his petition filed after about 2 years of the marriage.

(3.) The opposite party Puja Suri had filed written statement, in which she admitted her marriage with petitioner, but denied the other allegations made in the divorce petition and further pleaded that she had always being trying to preserve the matrimonial relationship with petitioner and had got her job transferred to Mumbai. Later on, her job was again transferred to Delhi. She had never treated the petitioner or his family members with cruelty. The parents of petitioner were not happy with their marriage and they were willing to break matrimonial bonds of the parties. The petition has been filed on incorrect facts and is liable to be dismissed.