REKHA RANI CHATURVEDI Vs. PRAMOD KUMAR CHATURVEDI

JUDGEMENT

(1.) In this appeal under Section 19 of the Family Courts Act, 1984 (hereinafter referred to as the Act), the wife assails the validity of the order dated 28.3.1997 passed by the learned Chief Judge, Family Court, Kanpur Nagar, in Divorce Petition No. 554 of 1995 allowing the application of the husband filed under Section 13 of the Hindu Marriage Act, 1955, for grant of decree of divorce on the basis of cruelty.

(2.) The relevant facts are in a narrow compass : The respondent-husband asserted to the effect that he and the appellant herein are Hindu by caste and are governed by the provisions of Hindu Marriage Act, 1955 : the unfortunate marriage was solemnized on 2.12.1986 at Kanpur Nagar according to Hindu rites and ceremonies which was dowrytess ; he brought home his wife at 18/239-A, Kursawan, Kanpur Nagar, but after a week she was taken away by her parents by way of Chauthi ; after three months he brought her by way of Vida; during her stay the parties cohabited and consummated the marriage ; she was given full love and affection by him and his parents ; on her next visit her behaviour was not co-operative and often she used to irritate on petty matters ; after due enquiry from her he learnt that she is patient of Tuberculosis' and 'Abdomen and Genital tract' which was confirmed from the prescriptions of the doctors ; he got examined her by Dr. Rita Mittal at Chandrakanta Nursing Home, Dr. Pratima Rohatagi and Dr. Meera Agnihotri on 9.7.1987 and on their advice he took her at Jaslok Hospital. Bombay on 12.12.1993 under the treatment of Dr. Firoz Parikh who suggested certain operations ; ultimately the operation of damaged and blocked tube was conducted by Dr. Rustam Shonewala at Masina Hospital. Bombay from where she was discharged on 22.1.1994 who also suggested to continue the treatment for six months ; after her operation she began to use abusive language against him saying that he has spoiled her body during the treatment ; he was also told by her that she is from a very rich family whereas his living is not upto the status of her parents ; she had suicidal tendency form the very beginning of her stay with him and many times tried to jump down from the scooter; on several occasions, and particularly on one occasion in presence of her brother she threw away the ornaments which he had given to her out of love and affection saying that they are of very low standard and do not suit her looking to the status of her parents ; she tried to avoid day-to-day household works in the family ; she never discharged her marital obligation towards him as during the intercourse she never co-operated happily and all the times remained in an indifferent mood : he tried to know the reason of her non-co-operation on such occasion and of the indifferent mood but instead of replying or co-operating she started using harsh and abusive language against him : that her behaviour has become overbearing, harsh, abusive and quarrelsome to such an extent that it went beyond the wear and tear of the married life ; whenever he complained about her irritating nature to her brother and parents, her brothers threatened him of dire consequences in case he utters anything against her the behaviour of theirs as well as the other members of her family has caused mental agony to him to such an extent that it has become difficult to join her company ; he is suffering great mental frustration and loss of health which damaged his professional capacity to serve the mankind and society in a better way : for the last about one year she is residing with her parents after leaving his company without his consent and despite all his efforts did not come back to join her company ; on 24.2.1995 when he attended the marriage of his brother-in-law, he requested her parents for her Vida after the marriage ceremony but she asked him to back and improve his economic status upto the standard of her parents and only then he should try to have her company : he was not invited on the birthday ceremony of her niece on 19.6.1995 which indicates the indifferent attitude of her and the parents towards him ; there is irretrievable break down of her marriage and he can no longer pull on as her husband ; and in these circumstances he seeks divorce and hence the petition. The appellant in her written statement asserted to this effect ; her husband is a guilty spouse being dowry greedy who has come up with false and baseless allegations ; after the Chauthi he did not care to bring her back to the matrimonial home and it was her brother who had to take her after two months to the matrimonial home ; the word 'consummated' is applicable to the Muslim spouses : neither her husband nor his parents even gave any love and affection rather she was ill-treated by his parents ; she never suffered from the alleged false diseases which have been stated with mala fide intentions ; she has been and is still in sound health ; she had to suffer at the hands of her husband due to unlawful demand of a Maruti car as dowry, the petitioner being a Government doctor who is very shrewd, powerful, clever and resourceful could and can manipulate false prescriptions, false diagnosis and false medical certificates according to his convenience ; she was treated a 'guinea pig' by him and he did play with her health with a spirit of vengeance and vendetta as the demand of the Maruti car in dowry could not be satisfied by her and her father ; even though she was not suffering from any ailment, she was at a loss to understand as to why he took her to various doctors for treatment which was uncalled for though as a dutiful wife least suspecting his ulterior motive went to the doctors but it is now crystallised that his intention had been to destroy her body who suffered mental and physical torture due to uncalled for operation and treatment; it is specifically denied that she ever used any abusive language against him : she Is a simple. God-fearing and highly religious minded lady with sweet and sophisticated manner whose parents are also peace loving and God-fearing and highly religious persons with high family back-ground : she has inherited high traditions and envious culture from her parents which she has been continuously maintaining ; her parents though are not rich spent money beyond their means in the marriage and in the process they became highly indebted ; had they the money they would have given the Maruti car for the sake of happy married life ; she is praying Almighty that better sense prevail upon him and his parents and they allow her to reside at her matrimonial home peacefully performing her part of matrimonial obligations : she does not want divorce rather wants to serve him with devotion as a dutiful wife : she does not want her vermilion to be removed from her forehead and thus become a social outcaste ; it is a figment of imagination of the husband in stating that she has suicidal tendency and she ever tried to jump from the scooter ; the alleged story is a sheer fabrication and fantastic ; it is specifically denied that he ever gave any ornaments to her whose love never existed ; it is he who is denying her his company and society to which she is entitled ;, as the demand for Maruti car could not be met the result was that she was always treated as a maid servant at her matrimonial home she had to accept to keep the matrimonial life intact ; she was grossly neglected in the matter of food and clothing besides insulted by him in presence of his friends and guests ; her brothers and parents are peaceful good natured persons who never threatened and false allegations with mala fide intentions have been made ; she never damaged his professional capacity ; he did not attend the marriage of her brother who had gone to invite him for the birth-day ceremony but was insulted and humiliated apart from bluntly telling that unless and until a Maruti car is given to him he will not go to her parents house or meet her or bring her back to his house ; the marriage has not broken down in any manner whatsoever and she still hopes that better sense prevail upon him and on his parents who will give up the demand for Maruti car and keenly awaiting for that happy day when he will come to her and take her to his house so that she will be able to perform her parts of matrimonial obligations and shall be given peace, love and affection for which she is entitled ; the alleged grounds of divorce are false and baseless ; the cause of action is fictitious, fake and legally not correct and he is not entitled to any reliefs claimed for ; her bona fide can be assessed from the fact that no criminal proceeding was initiated by her against him and the members of his family ; she does not want the marriage to be dissolved whose sentiments be kindly considered ; at about 9.00 p.m. of 15.6.1996 she was kicked out of her matrimontial home by him after threatening her that she will not be allowed to enter his house without a new. Maruti car and would suffer dire consequences being a Government doctor he has intimate relations with big officers at Kanpur ; she came to her parent's place in a helpless state and since then she has been residing there during which period he never cared to enquire of her health and welfare nor did he pay her any maintenance allowance ; he is In possession of all the ornaments, dowry-gifts, clothes, valuable articles etc. which she had received from her parents' side during the marriage ceremony which he is retaining illegally and she is entitled to get back all her Stridhan from him ; and the petition in which there Is no specific ingredient of Section 13 of the Hindu Marriage Act is liable to be dismissed with costs. A replica was also filed by the husband against the written statement denying the counter allegations made by the wife. Attempts were made for reconciliation but failed.

(3.) Following two issues were framed :--(i) Whether the opposite party has observed cruelty with the petitioner as stated in the petition? (ii) Whether the petitioner is entitled to grant of any relief?