RAMRATAN ALIAS PANDURANG SUNWANI Vs. MAYA RAMRATAN SUNWANI

JUDGEMENT

(1.) This is an appeal by the original petitioner, whose petition for divorce was dismissed by both the courts below.

(2.) The facts giving rise to the appeal are as follows The petitioner/appellant was married to the respondent/wife on 19/4/1980 at Nagpur. After the marriage, the petitioner went with his wife to his native place Ramtek. Thereafter, the petitioner and the respondent went to reside at Saoner, where the petitioner was in service as a Surveyor in the office of the Tahsildar. They were living happily. On 15/8/1980, the respondents father came to Saoner and wanted to take the respondent to Nagpur for festival of Rakhi. The petitioner suggested that the festival is too far away and it would be better if she is taken later some time. The respondents father, however, insisted and took her away with him along with ornaments etc. Two days thereafter, the father of the petitioner fell ill. He was, therefore, required to go to Ramtek. On way, he went to Nagpur at the house of the respondents father where the petitioner noticed drastic change in the attitude of the respondent. He came to know there that respondents father wanted the petitioner to reside at Nagpur and commute between the place of service and Nagpur. After waiting for some time, the petitioner sent his brother to bring the respondent back from Nagpur. She came on 29/8/1980. She was then ill. She was, therefore, taken to a medical practitioner. The respondent once again expressed that the petitioner should shift to Nagpur. The petitioner turned down the demand and since then it is alleged that, the respondent started harassing the petitioner. It is also alleged that the respondent was frequently being required to be given a medical treatment. While they were living at Saoner, the respondent was giving a threat to the petitioner that if he does not shift to Nagpur, she will commit suicide by throwing herself in a well. On 16/10/1980, the petitioner, therefore, informed the neighbours to keep watch on the respondent and left for the office. When he came back, he found that the respondent was taking meals. On 19/10/1980, the petitioner along with the respondent came to Ramtek for festival of Dassehra. At Ramtek, the respondent picked up the quarrel with the mother of the petitioner and once again started threatening that she will commit suicide if she is not taken to Nagpur. The petitioner took her to Nagpur. The parents of the respondent, however, turned deaf-ear to the insistence of the respondent and the petitioner all alone came back to Saoner. The petitioner gave several messages to the respondent to come to Saoner but she did not. On 21/12/1980, she was brought to Saoner by her father. The respondent apologized for lapse on her part and promised to live happily. She, however, lived happily for a period of one and half month and again started reiterating her demand for living at Nagpur. On 27/2/1981, the petitioner again went to Saoner along with the respondent as he was transferred from Saoner to Ramtek. The respondent was then pregnant. She was admitted to the hospital. She delivered of a female child on 14/4/1981 in the hospital at Nagpur. After she came to Ramtek, on 7/6/1981 and 8/6/1981, the respondent tried to set herself on fire after pouring kerosene on her own person. The petitioner snatched away the bottle from her and at her request the petitioner sent a telegram to respondents father and called him at Ramtek. Her brother, however, came to Ramtek and even in his presence the respondent tried to set herself on fire. Again a telegram was sent to her father, who came in the evening. Instead of trying to convince the respondent not to behave in same fashion, her father gave a threat and returned to Nagpur. The petitioner, therefore, reported the matter to the police. On reaching Nagpur, her father sent a notice to the petitioner. The petitioner, therefore, started collecting certain papers to send a reply. The respondent took out those papers from the box and started burning them. On intervention by the mother of the petitioner, she was beaten and respondent tried to set her on fire. The petitioner again reported the matter to the police. This happened on 26/6/1981. On 28/6/1981, however, the respondent left for Nagpur along with the child and since then she has not come back to the petitioner. The petitioner, therefore, seeks a decree for divorce on the ground of cruelty or in the alternative on the ground of desertion. It is alleged by the petitioner further that after filing of this petition the respondent had filed a case under Section 498A of the Indian Penal Code against him. He was tried for the same offence and has been acquitted.

(3.) The respondent resisted the petition. She, however, admitted the relationship. She also admitted that she lived happily at Saoner with the petitioner. She, however, denies that she had given any threat to the petitioner that she would commit suicide. She denied the incident at Saoner as well as at Ramtek. She admits that the petitioner had sent a telegram to her father on 8/6/1981 but, according to her, no such incident had taken place. It is her contention that she was, in fact, ill-treated by the petitioner and the petitioner was taking disadvantage of his own wrong.