PRAVEEN GUPTA Vs. KAMINI GUPTA

JUDGEMENT

(1.) THIS appeal under Section 28 of the Hindu Marriage Act 1955 has been preferred by the husband/appellant against a Judgment dated 7th December 2009 passed in Civil Suit No. 67/2008 (HMA) by the District Judge, Shivpuri, dismissing the petition filed under Section 13 of the Act for grant of divorce and dissolution of marriage on the ground of cruelty against his wife Smt. Kamini Gupta, respondent herein.

(2.) IN short, the facts of the case are that the marriage between the parties solemnized on 10th March 2007 at Shivpuri. As per pleadings of the appellant, the respondent-wife, after seven days started to treat him and his family members cruelly. She did not even choose to perform routine house hold work and always used to keep herself busy in telephonic talks up to long duration. On being asked for improvement in her behavior, she appeared in unruly manner with her husband and his family. On her persistence, a separate living room in matrimonial house was provided. The appellant is, at present, working in an Indian Army. After seven days of marriage, he had to leave for joining his duty. After one month, he came on leave for five days. On medical check- up by the Gynecologist, his wife was found carrying pregnancy of one and half months. In his absence, due to his military duties, she left her matrimonial house. On 26th November 2007, she delivered a male child. To resolve matrimonial disputes, the appellant and his wife entered into a compromise in consequence of which the appellant agreed to return all marriage gifts and dowry items to his wife and also agreed to pay Rs. 2,000.00, as monthly maintenance amount to her. It is stated that at the time of return of the gift and dowry items, his wife created an unruly atmosphere with a view to insult publicly the parents and other family members of the appellant. To create hurdles in service of the appellant, she even made unnecessarily correspondence to his army superiors and tried to insist him to keep her with him at duty places. Looking to the unruly and cruel behaviour, the appellant was bent upon to present the divorce petition.

(3.) THE learned trial Judge after recording the evidence and hearing the parties, dismissed the divorce petition. Being aggrieved by the judgment, the appellant filed the instant appeal and prayed that by allowing the appeal, the divorce decree be passed and their marriage solemnized on 10th March 2007 be dissolved.