RAKHI GUPTA Vs. NITIN KUMAR GUPTA

JUDGEMENT

(1.) Appellant has filed this first appeal under Section 28 of the Hindu Marriage Act, 1955 against the judgment and decree dated 01.02.2016 passed by the Additional District Judge, Lahar District Bhind in case No.33/2013, whereby application filed by the respondent/husband under Section 13 of the Hindu Marriage Act, is allowed and a decree of divorce has been passed.

(2.) Undisputedly, appellant and respondent were married on 27.11.2010 at Seonda District Datia as per Hindu rituals and, thereafter, they resided for some time at Alampur and, thereafter, at Delhi as presently respondent is serving at Delhi. Present respondent/husband on 23.07.2013 filed an application under Section 13 of the Hindu Marriage Act for divorce on the grounds of cruelty and desertion on pleadings that after marriage his wife was pressurizing him to live at Seonda with her parents and on husband's refusal, wife got registered a false case bearing crime No.130/2012 under Section 498-A, 34 of the IPC and Section 3/4 of Dowry Prohibition Act in which mother of the husband, brother and sister-in-law were also made accused and, thereby, wife treated him with cruelty and refused for intercourse with husband and thereby also harassed the husband and his wife is mentally ill and treatment was provided in relation to this ailment. Wife was also threatening that if the husband would not reside at Seonda then she will commit suicide. On 01.07.2011, when both were living at Delhi, without intimating the husband, she with her father left her matrimonial home and started residing at her parental home at gone to Seonda and, thereafter, declined the request of husband to resume co-habitation and, thereafter, on 21.12.2012, she lodged the abovementioned false report at police station Seonda and also filed another case under Section 125 of the Cr.P.C. against the husband. Since 02.07.2011 with these allegations husband respondent alleged that wife has deserted him without any reasonable cause, therefore, on above-mentioned two grounds decree for divorce was prayed.

(3.) Wife/Present appellant filed her written statement denying all adverse pleadings of the husband and pleaded that she had never treated husband with cruelty. It was pleaded that after marriage, on getting a better job at Delhi, the behavior of the husband changed and the family members of the husband started demanding a sum of Rs.20,00,000/-(Rupees Twenty Lacs) from the parents of the wife for the purpose of purchasing a plot at Delhi and when parents of the wife shown their inability to pay such amount, then they started torturing and harassing the appellant and husband and his family members were actually desirous to get rid of the appellant for solemnizing second marriage of the respondent with a doctor girl for getting huge dowry. Thereafter, husband and his family members started alleging that she is under influence of evil spirits and get her treated by occultist and she was kept locked in a room without food. When this treatment crossed all limits of tolerance, she lodged a report at police station and filed application for getting maintenance. She urged that she is still desirous to live with her husband and to perform her matrimonial duties and for this purpose, she has separately filed a suit under Section 9 of the Hindu Marriage Act for getting a decree of restitution of conjugal rights which is also pending in the Court of Additional District Judge, Seonda. In the year 2011, just after 8 or 9 months from the marriage, husband had secretly filed divorce petition on 09.07.2011 at Lahar Court, but after receiving knowledge of this proceeding by the wife, husband got his previous application for divorce, dismissed as not pressed. She is a well educated M.A. passed lady and is ready to live with her husband at Alampur or at his service place. Actually when she was being treated with cruelty, then she informed her father who reached Delhi, thereafter, husband sent her on 02.09.2012 with her father and threatened that if she is desirous to live with him, then she should return to matrimonial house with Rs.20,00,000/-(Rupees Twenty Lacs). Husband or any of his relatives did not make any effort to bring her back to her matrimonial house which impelled her to file suit for a decree for restitution of conjugal rights at Seonda. It was prayed that application for divorce filed by husband be dismissed.