MONIKA GOYAL Vs. NARENDRA GOYAL

JUDGEMENT

(1.) With consent of the parties, heard finally.

(2.) Facts of the case in brief are that the appellant and the respondent got married on 06.02.1998 in Kosikala, Mathura (UP) as per Hindu rites and rituals. They were blessed with a daughter Divya and a son Devansh, who were 13 and 6 years old respectively at the time of filing of the petition for divorce. Marriage of the parties, could not run happily. Soon after the marriage, marital discords surfaced. The husband filed a petition for divorce under section 13(1) of the Hindu Marriage Act, 1953 alleging that son after the marriage, the appellant started cruelty towards him and his family members. She started quarreling with the family members on the petty issues, denied to look after the house, denied to do the household affairs, denied to perform duties of a wife, beating the children for no reason, insulting the respondent and his family members using abusive and insulting language, shouting unnecessarily, threatening for committing suicide and threatening to implead the respondent and his family member in legal proceedings. She used to become more aggressive, when tried to exhort for not doing so. She made difficult for him to live with his family. Thinking that staying away from the family may make the appellant calm and cool, he left his house and family migrated to and started living in Indore away from the family, thinking that he will get peace and will get relief from the family feud. But, nothing positive happened. There was no change in the behaviour of the appellant. Even, in Indore, she continued her cruel behaviour as it is. In Indore also, she started quarreling with neighbours and with the guest comes to visit their house. She used to create unexpected and awkward circumstances for all the them. Whenever the husband objected for the same and tried to exhort her, she used to lock herself in the room, which created fear in the mind of the respondent that she may take any wrong step, which may indulge him in the legal complications. He always tried to pacify her and to give her attention and to arrange all the facilities necessary for happy and comfortable life, but she never became satisfied. When he tried to talk with her parents and other family members, they also made allegations against him. They held him guilty for all the untoward situations which gave support the wife resulting in aggravation in the circumstances. On 04.10.2012 at about 08:00 in the night, when the respondent was having food at his home in Indore, younger sister of the appellant Kalpana called her, after some usual conversation, suddenly the appellant started shouting that two dogs are moving without their wives and she also not let her husband go, she will ruin his entire family. She threw the receiver on the ground forcefully and ran towards kitchen and came out in a very rowdy and wild form with a knife in her hand, raised her hand to inflict knife on her husband, with great difficulty, he could control her and could save himself. Both the children were present at that time and they also got scared. She was shouting in loud voice, that she will not let them go and she will finish the story today. Somehow, they passed the night in a terrified atmosphere. Other doubts was also come in their mind that she may commit some fatal incident. When she was asked to go to her parents house, she refused and stated that she will not leave his house and asked him to bring the entire money immediately from the bank, otherwise, she will make such a situation that he will not forget. Terrified with the behaviour of the wife, he left his house and took shelter at his uncle Narendra Agrawal's house at Shakkar Bazar, Bada Sarafa, Indore and since then he is residing with him. Due to the cruel behaviour of the wife, the respondent forced to leave the flat which was purchased by him through bank and EMIs were being paid by him.

(3.) Due to constant threat of indulging or complicit him in a case of domestic violence or cruelty on account of demand of dowry or abetment to commit suicide, he was forced to live in trauma and it became difficult for him to lead the married life with the appellant. Perturbed and puzzled with her behavour and with no hope of improvement for better life, he took shelter of the Court and filed divorce petition before the Family Court on the ground of cruelty.