SANJEEV GUPTA Vs. RITU GUPTA

JUDGEMENT

(1.) Heard the appellant Sanjeev Gupta in person, Sri Nitin Gupta, learned counsel for the respondent and perused the record.

(2.) This appeal has been preferred against the judgment and decree dated 29.03.2018, passed by Additional District Judge, Fast Track Court-II, Ghaziabad, in Case No. 2274 of 2013 (Ritu Gupta vs. Sanjeev Gupta), under Section 13(1) of the Hindu Marriage Act by which the petition for divorce filed by the respondent-petitioner has been decreed against the appellant-opposite party.

(3.) Brief facts of the case are that the respondent-petitioner filed a petition for divorce seeking divorce under Section 13(1) of the Hindu Marriage Act for dissolution of marriage dated 01.07.2012 between the parties. The respondent-petitioner has stated that both the parties married according to Hindu rituals and tradition on 01.07.2012 in Arya Samaj Temple, Aryanagar, Ghaziabad. A reception ceremony was also organized in Hotel Country-Inn, Sahibabad, Ghaziabad. The marriage was got registered on 02.07.2012 before the Sub-Registrar, Ghaziabad. Enough dowry was given in the marriage and enough expenses were incurred by the father of the respondent-petitioner. Prior to marriage with the opposite party, she was married with one Omkar Chawala from whom, two children were born. The elder one is son Ekansh and the younger one is daughter Khushi. On 14.06.2011, in a road accident, her husband Omkar Chawala died and thereafter on 01.07.2012, the marriage between the parties took place. Prior to marriage, appellant-opposite party was married with one Priyambada but the marriage was dissolved by a decree of divorce. The respondent-petitioner, prior to marriage with appellant-opposite party had told that she has two children and if he accepts them, only then she will enter into marriage. In the beginning, he did not agree to it and she denied to marry but thereafter, he took her into confidence that he will accepts both of her children. He got both the children admitted in The British School at Chandigarh and she believed that he has accepted her both children. After the end of the reception of the marriage, both stayed in a room of the same hotel and in another room, the father of appellant-opposite party and his friend Sonaria stayed. His father took her gifts and ornaments in the pretence of keeping them safe. The appellant-opposite party on the very first night of marriage behaved in a very cruel way and forced her for unnatural sex and made physical relationship with her in a very vulgar and inhuman way which was worse than animal. She started bleeding and felt enough pain. When she tried to alarm his father, he forcefully dragged her in the room. On 02.07.2012, after attending the marriage of her sister, both went to their room and again he attempted for unnatural sex and on being prevented, he committed maar-peet with her and said that she is characterless. The appellant-opposite party enjoyed making unnatural sex and on being refused, he got very angry and used to commit violence against her. He also complained that her father did not give any vehicle in dowry. When she told him that according to his status, her father spent money in her marriage and it was not possible for him to give a vehicle, again maar-peet was committed by him. On 03.07.2012, she told about this happening to her family members, they came to her house and in the afternoon, she went to Ghaziabad to her parental house. His father also sided him. Due to his aforesaid behaviour, she refused to go to him. Thereupon, he came with his friends namely Sonaria and Manoj to her house and insisted for compromise. But she said that she will go with him only if he will not further commit unnatural sex with her nor he will commit cruelty with her. On 17.07.2012, the appellant-opposite party compromised before her family members accordingly and gave an affidavit which he brought with him after getting the same prepared in Faridabad, and therefore, she went with him. He took a house on rent in Surya Nagar, Ghaziabad and took her with children there but his behaviour did not change. He also made complaints about inadequate dowry and he insisted her to bring Rs. 40 lakhs for purchasing a house in Indrapuram, Ghaziabad. When she refused, the appellant-opposite party behaved in a very cruel way and on 06.08.2012, when she was sleeping with her son as he was suffering from fever, the appellant-opposite party came and started abusing her and forced for sexual relationship to which she refused. He forcefully made unnatural sex and threatened that if she will not do it, he will not leave her five years old daughter and will make relationship with her also. On 07.08.2012, the respondent-petitioner was in stomach pain and asked the appellant-opposite party to take her to hospital, but he refused. But when the pain increased, he took her to doctor where the doctor diagnosed to be stone pain. He became very angry at this and despite advice of the doctor that they should keep away from each other and she should take rest, he still forced her to do sex. On 13.08.2012, he went to his office and she suddenly came to know that his father has incurred injury and he has been admitted in hospital, where her mother was also admitted and operated on 10.08.2012. Since, no one was there to look after them, she went there and came back after two hours. When she informed him on phone about it, he started abusing her and started saying that she is characterless as she went to meet her friend. It became too difficult to live with him in view of her physical and mental harassment and sexual exploitation and, therefore, she shifted to her parents house on 14.08.2012. Subsequently, she came to know that the appellant-opposite party had earlier also behaved in the like manner with her previous wife and, therefore, she took divorce from him.. When she came back to her parents house, he, in order to save himself, filed a complaint before the C.J.M., Ghaziabad, whereupon, she also lodged an FIR.on 09.08.2013 for the offences under Sections 498A, 323, 504, 377 I.P.C. and Section  ? Dowry Prohibition Act. In view of his inhuman behaviour, it was not possible for her to live with him as her life was in danger, therefore, this petition was filed for divorce.