SUMIT VIJAY KUMAR Vs. SHRADDHA GUPTA JAIN

JUDGEMENT

(1.) The group of 4(four) petitions were heard together, by consent of the parties, since the issues in the four petitions revolve around the marital discord between the same parties, and it was more appropriate to deal with the different issues amongst them and dispose off all the petitions by passing common order touching different issues. All the four writ petitions assail the orders passed by the Family Court and either of the parties is aggrieved by the said order.

(2.) The present group of petitions are a reflection of the pertinent and peculiar issues arising in a marital discord in a metropolitan city where both the spouses strive together to build a nest and nurture it for the new born. Emily Dickinson's Poem "For every Bird a nest" truly reflects the situation in which the modern day couples find themselves placed in."For every bird a Nest wherefore in timid quest some little Wren goes seeking around Perhaps a home too high Ah Aristocracy ! The little Wren desires Yet who of all the throng Dancing around the Sun Does so Rejoice ? However, on account of some discord when this nest is sought to be divided along with the sharing of responsibilities as parents towards the child of tender age. The parties would be hereinafter referred to as 'husband' and 'wife' in order to avoid the shifting of the caption in the respective petitions since the parties have been impleaded in accordance with the petitions filed in the irrespective capacities. In order to appreciate the orders which are assailed before this Court, it would be necessary to refer to the chronology of events in brief to appreciate the background in which the orders have been passed by the Family Court and to deal with the rival contentions of the parties assailing the said orders. The petitioner Sumit Jain is aged 36 years, and is presently working as a Vice-President (Sales) with Lodha Group, whereas the wife Shraddha Gupta, aged 31 years is working as Vice-President of the Axis Bank. The marriage between the parties was an arranged marriage and was solemnized on 8th March 2011 at Gaziabad. At the time of marriage, both the parties were serving with Axis Bank, but the wife was serving in Delhi and husband was serving at Mumbai. However, after marriage, the wife sought a transfer from Delhi to Mumbai branch of Axis Bank, and she continues to work in Axis Bank in Mumbai, whereas the husband in June 2016 gave up his job with the Axis Bank and engaged himself in another job with the Lodha Group of Companies. Upto 2012, the parties were residing in a rented flat. However, in May 2012, the parties booked two flats by availing two separate loans. The parties jointly purchased two flats at Cosmic Heights, Bhakti Park, Wadala (East), Mumbai. The parties were never able to convert the said house into a 'home' providing nest for their child and it is hereinafter referred to as "matrimonial house". The dispute around the parties is concentrated on an issue as to whether the unit which they purchased was one flat or whether they are two flats. Out of the wedlock, a child was born in 2014 and before the parties could enjoy the bliss of the new born coming into their life, and before they could assume their responsibilities as mother and father, the marriage of the parties started sailing through a rough phase. The allegation of the wife is that the husband inflicted cruelty upon her and there was persistent demand of dowry. According to the wife, an amount of Rs. 1.4 crores was spend on the wedding, and an amount of Rs. 50 lakhs was given in cash. Inspite of this, the family of the husband was not happy and there was demand of more amount. It is the allegation of the wife that jewellery worth crore of rupees was handed over to the husband and his family. The wife also makes certain allegations about the marriage being not consumated for initial period of six months in view of the erratic habits of the husband, but according to her, he was treated for the cause and the marriage was consumated.

(3.) The marriage crumbled further when the uncle of the wife lodged a complaint under Section 498A of the IPC on 28th April 2016 at Narvana, Gin, Haryana with serious allegations levelled against the husband as well as his family members. The said complaint resulted into a filing of an FIR in October 2016. The Anticipatory Bail Application filed by the husband came to be rejected by the Sessions Court, Jind on 30th November 2016, but his parents and brother and sister-in-law were granted Anticipatory Bail. The husband then approached Punjab and Haryana High Court seeking relief of Anticipatory Bail, which was granted to him on 15th December 2016. The wife also lodged a complaint at Wadala Police Station on 15th May 2016 upon a petty issue of handling of the remote control of Television in which an N.C came to be filed on 16th May 2016. On 4th June 2016, the husband instituted proceedings for divorce under Section 13 of the Hindu Marriage Act on the grounds of cruelty and the petition came to be numbered as A-1618 of 2016. It is pertinent to note that on 5th August 2016, a summons for divorce was served upon the wife through the bailiff and it is the specific grievance of the husband that on receiving the said summons, the wife filed a false complaint against the petitioner for assaulting her under the influence of liquor at Wadala Police Station. Apprehending the relationship to deteriorate further, it is the case of the husband that he started staying at a friend's place and later shifted to a rented premises.