UPENDRA KUMAR Vs. SANGEET ALIAS BABLI

JUDGEMENT

(1.) This second appeal has been filed against the judgement and decree dated 23.11.2012 passed by the Additional District Judge Court No.1 Muzzaffar Nagar in Civil Appeal No. 52 of 2011. It has been prayed that after the judgement and decree dated 23.11.2012 is set aside, the judgement and decree dated 18.5.2011 passed by the Additional Civil Judge (S.D.) Court No. 3 Muzzaffar Nagar in Petition No. 872 of 2005 be restored.

(2.) A petition under Section 13 of the Hindu Marriage Act, 1955, was filed by the appellant Upendra Kumar, the husband. It was stated in the petition that after the appellant i.e. Upendra Kumar had got married to the respondent Smt. Sangeeta on 10.4.1994 the latter came to her husband's house at Alavalpur, Mazra, where her two sons who were aged about 8 years and 6 years at the time of the filing of the petition were born. It was contended in the Divorce petition that there was no compatibility between the husband and the wife as their intellectual levels did not match. The wife, it was stated, did not like her husband and she always wanted to stay with her mother in Village - Johra. The wife, it was stated in the petition, never agreed with anything the husband desired to do. At the time of marriage, the husband was doing a private job in Delhi. For some time, he had also worked privately in Faridabad. It was stated that the wife never wanted stay in the rented accommodation where the husband was staying and she always wanted to stay with her mother at Johra. There were always fights between the two of them and the neighbours used to witness the fights. There were times when for days together the wife never used to prepare food for the plaintiff-husband and he had to cook for himself.

(3.) It has further been stated in the plaint that when in 1997, the plaintiff husband became a Junior Engineer in the Railways and was posted in Bhusawal, District - Jalgaon, Maharashtra then the defendant-wife stayed with him for a very short period of time and in September 1998 when she entered into a fight with him she came back to her Mayaka. When she did not come back to him, he filed an Application for the restitution of conjugal rights. However, with the intervention of some known and respected people of the area, namely, Sri Tilak Ram, Sri Veersain and Sri Ram Swaroop, a compromise was entered into and the couple began to live together. This, however, did not restore normalcy. When the husband came to know that the wife was all the time asking his friends as to whether if the husband died would she be getting a job in his place and when the plaintiff husband suspected the character of his wife things again reverted to the original state. The wife again left the house of her husband and went to her mother's house.