SHOBHA VYAS Vs. PRAKASH KUMAR VYAS

JUDGEMENT

(1.) RESPONDENT -husband filed petition for dissolution of marriage by a decree of divorce. IIIrd Addl. District Judge, Bhopal by his judgment and decree dated 20th September, 1994 passed in Civil Suit No. 28 -A/91 allowed the petition and the marriage between the parties held on 20.9.1994, was dissolved by adecreeofdivorce.Wife -appellant/aggrievedbythesamehaspreferredthisappea l u/Sec. 28 of the Hindu Marriage Act.

(2.) ADMITTED facts of the case are that the marriage between the parties took place according to the Hindu rites on 12.6.1987 and they were blessed with a son. According to the husband, the wife lastly resided with him at Vidisha upto 2.3.1989. Wife is in a Government Service and has been posted as Hostel Warden at Mandav in the district of Dhar. According to the husband, the behaviour of the wife after the marriage was not good with him and also his family members. Her inclination was towards her parental side and she always use to make attempt that the husband leaves his parents and get himself transferred to Dhar or any other place failing which she threatened that she will not allow the husband to live peacefully. According to the husband/ he being the only son of his parents, is not in a position to leave them. It is the stand of the husband that the wife's behaviour with him as also his family members is cruel, she creates tension in the family for small things. She refused to touch feet of elders to pay respect and her behaviour was not proper with the guests also. According to the husband on account of the behaviour of the wife, he and his family members lived in sadness and were subjected to humiliation by other relation. According to the husband, wife earlier took admission in B.Ed. Course at Dewas and after great pursuation she got herself transferred to Bhopal. She used to go Bhopal daily for attending the class from Vidisha prior to 22.9.1987 According to the husband on 22.9.1987, without taking any permission from him, she hired a house at Bhopal but in order to provide safety to her, his parents asked him to stay at Bhopal. According to the husband her behaviour at Bhopal was also cruel and she used to pressurise him for not going to Vidisha and used to threaten to commit suicide. It is the allegation of me husband that after his wife conceived, she attempted for abortion which caused mental cruelty to him. On 22.5.1988 after the examination of B.Ed. was over according to the husband, he requested his wife to go to Vidisha but she did not agree and threatened to commit suicide. At this, the husband took her to Dhar and left her there, where she gave birth to a male child on 19.7.1988. Thereafter, she came to Vidisha and forced the husband to live at Bhopal. Dispute between the couple remained on account of bad health of the child. It is the allegation of the husband that he was assaulted by the wife in presence of witness Dilip Pandit and made false allegation of demand of dowry. It is the allegation of the husband that in order to harass him she got search warrant issued by the Court and lodged false case against him and his family members. On the basis of the aforesaid assertion, husband prayed for dissolution of marriage.

(3.) ON the basis of the pleading of the parties. Trial Court framed various issues and held that the wife subjected the husband with cruelty and further negatived the contention of the wife that the husband ever subjected her to cruelty. Accordingly the Trial Court allowed the petition. While holding so, the learned Judge negatived the contention of the wife that the child was not properly treated by the husband's family and they wanted to keep the child for the purpose of extracting dowry. It also negatived the case of the wife that the husband or his family members demanded dowry. Trial Court found that the wife fought with the husband in front of his friend and pulled his hair, thereafter went to Dhar and got search warrant issued, lodged case for demand of dowry against the husband and the family members. In the opinion of the learned Judge, the cumulative effect of these factors are that relationship between the parties is so tense that their living together is not possible which comes within the category of cruelty and accordingly allowed the petition.