SANGEETA SINGH Vs. DEVRAJ SINGH

JUDGEMENT

(1.) THE instant appeal at the instance of wife is directed against the judgment and decree dated 31.08.2009 passed by the Principal Judge, Family Court, Gwalior (M.P.) in case No.271A/2006 HMA.

(2.) RELEVANT facts for just disposal of this appeal are that the appellant and the respondent are Hindu by caste. As per the Hindu religion, customs and rites marriage between the two was solemnized on 06.05.1994 at Nathdwara (Rajasthan). There is no issue out of this wedlock. Respondent had instituted a divorce petition under Section 13 of the Hindu Marriage Act vide case No.231A/1997 which was titled as Devraj Singh Vs. Smt. Sangeeta Singh on the ground of cruelty, inter alia, contending that the appellant after marriage stayed just for one month with the respondent and thereafter her brother came to Gwalior and took her away to her parental home at Rajasthan. Thereafter, in August, 1994, after Rakshabandhan respondent brought the appellant back to Gwalior. Upto this time, the behaviour of appellant/defendant was normal. She stayed upto 15.01.1995. Thereafter, there was radical change for the worst in her attitude towards the husband/plaintiff and his family members. She started behaving with peculiar hostility. Neither she cooked food nor did she provide food to the respondent. She did not even extend basic courtesies to offer water when he used to return home from outside. She adopted "don't care attitude" towards his parents. She has remained unconcerned and indifferent to the happenings at home. She did not accept the fact of being member of family by her conduct and attitude. The entire home atmosphere was disturbed and a feeling of unease and uncomfort persisted in the house. Despite efforts made by the respondent to normalize the attitude of the appellant, she remained unchanged and efforts fell in vain. On 15.01.1995, her brother came and took the appellant to her parental home. Thereafter, on 25.03.1995, the respondent with the hope that everything would turn normal, he extended the hand of friendship and courtesy and took her back. Appellant stayed upto 19.09.1995. But during this period, there was no change in the appellant. Still, the respondent did not give up and took her for outing to Hill station at Shimla to provide her a different environment, climate and atmosphere which he hoped would help facilitate her to mend her ways. Unfortunately, nothing changed. On 19.09.1995, suddenly her brother came and took her back to her parental home. Thereafter, there was no communication from her end. In August, 1996, appellant's paternal uncle Shivdan Singh visited the respondent's place where he was apprised of the affairs related to appellant as detailed above. In view of the aforesaid facts and circumstances, respondent told her uncle that it was not possible to live together with the appellant as peace, tranquility of house has been vanished and every member of the family is under tensed and uncomfortable atmosphere. Shivdan Singh, the uncle, appreciated the problem and assured respondent and his family members that with the passage of time she would adjust herself and assured that in future respondent and his parents shall not have any complaint against her. He, in fact, reduced in writing such facts vide Ex.P -1 duly signed by him which is the part of the record. Unfortunately, all such assurances and efforts did not yield any result and she continued to conduct herself in her own undeterred way. She stayed upto only December, 1996 on which date her family members came to the house of the respondent and took her back. Thereafter, there was no communication from anybody from the side of the appellant. That apart, the respondent/plaintiff further averred that while his mother had undergone surgery, the appellant neither enquired about nor did she care which was expected from her as a daughter -in -law. In fact, his mother used to perform day -to -day household works. In July, 1996 while respondent's grandfather had suffered ailment at Jaipur and respondent and his parents went there to take care of him, the appellant though was in Jaipur and staying with his uncle did not care to visit respondent's grandfather. During the period appellant stayed with respondent, apart from the mental incompatibility and differences between two, there was no cohabitation. With such disturbing experiences in day to day life rendering the life hell, respondent served upon the appellant a notice for divorce vide Ex.P -2 by UPC Ex.P -3 and P -4. Neither she replied the notice nor did she care to come back and live with the husband. Under the circumstances, respondent was not left with any alternative remedy except to file the divorce petition no.231A/1997. Despite Court summons served on her, appellant avoided and remained absent for three consecutive days i.e. 24.12.1997, 16.01.1998 and 22.01.1998. The learned trial court on the last date proceeded ex parte against the appellant and passed the decree of divorce on 05.05.1998.

(3.) THE appellant on 03.07.1999 had lodged an FIR vide Crime No.297/98 under Section 498A, 494, 323 and 504 of IPC at Police Station Surajpol with fabricated and concocted facts against the respondent and his family members on allegations that respondent misbehaved with her, physically assaulted her and demanded dowry particularly cash. Respondent/plaintiff further averred that though the court had ordered the appellant to take her belongings back but till date she did not come and take her belongings though respondent off and on offered for the same. On these facts, the respondent sought decree of divorce on the ground of cruelty. To prove the plaint averments, respondent had examined himself as (PW -1) and one Alok Haridutt as (PW -2).