NAZIA BEGUM Vs. SHOAIB AHMAD

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 19.02.2015, passed by Principal Judge, Family Court, Allahabad, in Matrimonial Petition No. 562 of 2011 (Shoaib Ahmad vs. Smt. Nazia Begum), whereby the suit of the plaintiff-respondent seeking declaration in respect of divorce given by him to the defendant-appellant on 25.4.2011 has been decreed.

(2.) Brief facts of the case are that the plaintiff-respondent has filed a declaratory suit stating that he was married with the defendant-appellant, Smt. Nazia Begum on 07.10.2001 according to Muslim Law in Allahabad. The marriage was consummated when she came to his house. The plaintiff-respondent tried his all efforts to keep his wife happy and satisfied but her behaviour with him and with his family members was very rude. She is highly educated, whereas the plaintiff-respondent is a little educated and, therefore, the defendant-appellant had inferiority complex, hence, she always misbehaved with him, in a very humiliating way causing mental harassment to him. For saving his matrimonial life, the plaintiff-respondent continued tolerating her behaviour with the hope that some change will come in her behavour. The plaintiff-respondent refused to agree with her improper conditions as his father was a very old person and his younger brother was a handicapped and, therefore, it was his responsibility to live with them and render services to them. Thereupon, the defendant-appellant became more furious and started threatening that she will involve him and his family members in some false case of dowry and domestic violence. The defendant-appellant was always insisting for partition of his father's property and for starting some good business leaving the small business of tailoring. The defendant-appellant is a modern and independent kind of woman and does not agree to live in parda (veil).

(3.) On 19.09.2010, the defendant-appellant left the matrimonial house with jeweleries and costly costumes and went to her parental house. The plaintiff-appellant informed about it on 20.11.2010 to S.S.P., Allahabad, Human Rights Commission and the D.I.G., Lucknow by registered post. The defendant-appellant by giving a false application in Mahila Thana lodged a false case against the plaintiff-respondent, his handicapped brother and his old father, his married sister and, brother-in-law and consequently the plaintiff-respondent was arrested and sent to jail for some period. He filed a writ petition No. 3890 of 2011 before the Hon'ble High Court, Allahabad, wherein vide order dated 28.02.2011, the Court directed both the parties to appear before the Mediation Centre for settlement. The defendant-appellant on 22.01.2011 refused settlement through mediation and pressurized for divorce. She also started abusing the plaintiff-respondent. On 25.04.2011, the plaintiff-respondent gave divorce to defendant-appellant and since then according to Muslim Personal Law, they are no longer husband and wife. The divorce was in writing but his community and society wanted that divorce should be final between them and, therefore, it became necessary to get a declaration of divorce from the Court and it is why this suit was filed.