GOPAL KRISHAN Vs. MITHILESH KUMARI

JUDGEMENT

(1.) THIS is a husband's appeal from the judgement and decree of the District Judge Meerut, dated 28 -10 - 1976 allowing the wife's appeal in a petition for divorce and decreeing the same. The petition was filed on the grounds of cruelty and desertion.

(2.) PARTIES are Brahmins by caste. They were married according to Hindu rites on 24 -11 -1962. The appellant was 26 and the respondent 22 years of age at the time of marriage. Their fathers were high placed officers in the Education Department. The appellant's father was the Principal of the Government College at Nainital while the respondent's father was an officer posted at Lucknow. Their traditional faith in religion and its rituals is not in doubt. The appellant's parents were conservative in views and had an orthodox way of living. The appellant at the time of marriage, was an Assistant Conservator of Forest while the respondent was a student of the M.B.B.S. When the respondent's father approached the appellant's father for the marriage of his daughter with his son, the appellant's father, an educationist with views very set in domestic living, made it plain to the respondent's father that the advanced studies of his daughter in medicine would not be permitted to be utilized by her for a profession or service career in medicine. The respondent's father consulted his family and again approached the appellant's father with his proposal for marriage. It was accepted and the marriage was performed according to Hindu rites on 24 -11 -1962. The parties bound themselves into a sacred wedlock and promised to remain united. None of them could then imagine that one would get sick of the other and seek for a release. But living, as we do, in an era of disintegration and growing disillusionment this marriage could not last long. The fault does not appear to lie much with the parties. The case unfolds a story of unhealthy relations between the mother -in -law and the daughter -in -law, a feature not uncommon in families in this country. The respondent's complaint is that she was ill -treated by her mother -in -law and the husband did not intervene, hence she could not live with him.

(3.) THE appellant denied the charges and controverted the allegations. His case was that the parties were married according to Hindu rites and their marriage was indissoluble, that the appellant had always discharged his marital obligations towards his wife, and was deeply attached to her, that he had never withheld his affection or sympathy from her. His parents also treated her with care and affection. It was alleged that after their marriage, the parties went to Nainital, were they lived as husband and wife in the Government accommodation allotted to the appellant's father. THE respondent was provided with all the amenities and facilities for a comfortable living as could be made available according to the status and position of the appellant's father. THE respondent had a separate room, and the parties had a free and full marital life. THE respondent was fully satisfied and had written to him nicely referring to the consummation of the marriage. She had no complaint to make about either anything or anybody. In her subsequent visits also, she was treated cordially and the appellant's mother had never given her any ill - treatment; nor had she ever interfered in the conjugal life of the parties. THE accusations made against her were false and were so made only for the purpose of the petition. It was alleged that the respondent was always keep to pursue her studies in medicine. THE appellant and his parents were opposed to it. THE views of the appellant's family did not suit the respondent's family did not suit the respondent. She did not give vent to her feelings during the lifetime of the appellant's father but after his death, she found it convenient to medicine. She joined the M.D. course in the Medical Collage at Kanpur and also took up a job there. THE appellant greatly resented the respondent's move and asked her to come back and took after her home. She, however, had no regard or respect for his views or sentiments and declined to alter her plans. THE appellant visited Kanpur her plans around Holi in March 1966, talked to her on telephone and tried to persuade her to come back to her marital home but with no success. He did not go to his father -in -law as his relations with him were strained and he felt embarrassed in going to him. He had not even cared to invite the appellant in the marriage of his second daughter. According to the appellant, he had always been very affectionate to the respondent and had never uttered even an unkind word to her. He had produced in court a number of letters written by her to him, which he had preserved, in her to him, which he had preserved, in token of his love and affection for her. THE appellant alleged that he had been making constant efforts to bring back the respondent since Nov. 1965 but she declined to return to the marital home. It was pleaded that the petition was belated and was also otherwise not maintainable.