VISHNU SHANKAR PANDEY Vs. MAYA PANDEY

JUDGEMENT

(1.) Challenge in this appeal under Section 19 of Family Courts Act, 1984 (hereinafter referred to as 'Act, 1984') is to the judgement dated 25.8.2014 and decree dated 17.9.2014, passed by Additional Principal Judge, Family Court/Additional District and Sessions Judge (Court No. 3), Allahabad, dismissing Matrimonial Petition No. 239 of 2009 (Sri Vishnu Shanker Pandey Vs. Smt. Maya Pandey) under section 13 of Hindu Marriage Act, 1955 (hereinafter referred to as 'Act, 1955') filed by plaintiff-appellant for dissolution of marriage of the parties.

(2.) Plaintiff-appellant Sri Vishnu Shanker Pandey (hereinafter referred to as 'appellant') filed Matrimonial Petition No. 239 of 2009 (Sri Vishnu Shanker Pandey Vs. Smt. Maya Pandey) for divorce on the grounds of cruelty and desertion. According to plaint allegations, marriage of parties was solemnized 28-29 years prior to institution of above mentioned matrimonial petition. From wedlock of parties, three children namely, Sarita Pandey- Date of Birth 9.12.1984, Surya Prakash Pandey- Date of Birth 2.11.1987 and Ved Prakash Pandey- Date of Birth 5.11.1989, were born. Appellant retired from post of Honorary Lieutenant from Indian Army and started residing at 6/5 Madhuwan Vihar Colony, Umarpur Niva, P.S. Dhoomanganj, District Allahabad. All three children have become major and are residing with appellant. Eldest daughter of appellant Km. Sarita Pandey is working in a private institute at Civil Lines Allahabad. Plaintiff alleged that defendant respondent Maya Pandey, wife of appellant (hereinafter referred to as 'respondent'), is also residing with him. However, since last three years, conduct of respondent has gone bad and she indulges in garrulous talking, which has disturbed peace of house. Aforesaid conduct of respondent amounts to commission of mental cruelty upon appellant. Contrary to her spousal obligations, respondent by her conduct and behaviour has totally dissolved peace and tranquillity of house. Whenever appellant tried to persuade respondent to give up her such conduct, she always behaved rudely and with arrogance and thereby, committing mental cruelty upon appellant. Consequently, it is impossible for appellant to live with respondent. For the last three years, respondent has miserably failed to discharge her spousal obligations even though plaintiff has all along been faithful, nor ever committed such act which may cause pain and agony to respondent. Inspite of aforesaid, respondent has continuously by her false and frivolous allegations degraded prestige of appellant by alleging that appellant is not maintaining respondent and further commits physical atrocities upon her. Appellant alleged that on 10.11.2008, he again persuaded respondent to mend her ways but in vain. To the contrary, on the basis of false, fabricated and incorrect allegations, respondent started residing separately from plaintiff. In furtherance of aforesaid respondent filed an application under section 125 Cr.P.C. claiming maintenance. Thoug parties are living together in same house but they are not in conjugal relationship or in co-habitation. As such, in the same house parties are living separately. Cause of action was pleaded to be continuous since 10.11.2008. On the aforesaid factual foundation, appellant filed Matrimonial Petition No. 239 of 2009 (Sri Vishnu Shanker Pandey Vs. Smt. Maya Pandey) under section 13 of Act, 1955 for dissolution of marriage.

(3.) Suit filed by appellant was contested by respondent. She filed written statement dated 14.9.2009, whereby not only plaint allegations were denied but additional pleas were also raised. Except for paragraphs 1 and 2 of plaint, remaining paragraphs were denied. In additional pleas respondent admitted that from wedlock of parties, three children namely, Km. Sarita Pandey, Surya Prakash Pandey and Ved Prakash Pandey were born. Appellant retired from Indian Army from the post of Honorary Lieutenant. All three children are still studying and preparing for their examinations. However, appellant does not bear their expenses, as such all expenses are borne by father of respondent. Eldest daughter Km. Sarita Pandey has still not completed her studies and she is continuing the same. However, she is working in a private institute at Civil Lines, Allahabad. Respondent never behaved with appellant in a manner which is unbecoming of a pious and faithful wife nor she ever displayed such conduct on basis of which, it could be alleged that respondent has caused physical/mental cruelty to appellant. To the Contrary, it is appellant who has committed cruelty upon her by continuously assaulting her physically. On account of aforesaid conduct, respondent disclosed the same to her father upon which he repeatedly requested appellant to give up his rude and immoral behaviour which is unbecoming of a caring husband and ideal father. However, irrespective of above, inhuman conduct of appellant continued unabated and on 20.12.2008, appellant in a drunken position, assaulted respondent, ousted her from house, forcing respondent to reside in a room outside her matrimonial home. No maintenance was paid by appellant on account of which it was impossible for respondent to reside with plaintiff. Respondent was always performing her spousal obligations but inspite of above, appellant committed cruelty upon her by his deed and conduct and further failed to maintain her. She never insulted appellant. It was on account of aforesaid action of appellant that respondent faced despair and destitution forcing her to initiate proceedings under section 125 Cr.P.C. for grant of maintenance. From 20.12.2008, parties are living separately in the same house. Three children are residing with respondent and expenses for maintaining the respondent and her three children are being borne by father of respondent. It is on account of aforesaid that respondent is unable to discharge her spousal obligations. On the aforesaid defence, respondent prayed for dismissal of suit for divorce.