SHASHI KUMAR KHANNA Vs. ROMILA

JUDGEMENT

(1.) THIS is an appeal filed by the appellant-husband against the judgment dated 3.3.1994 passed by Shri J.S. Sidhu, the then District Judge, Chandigarh dismissing the petition for divorce under Section 13 of the Hindu Marriage Act, 1955 (for short to be referred as the "Act 1955").

(2.) APPELLANT Shashi Kumar Khanna was married with respondent Romila on 2.10.1976 according to Hindu rites. The marriage was solemnised at Jalandhar. The marriage was duly consummated and the parties cohabited for a period of 22 days on the first occasion, and from the period from 5.8.1987 to 22.11.1987 on the second occasion. The parties did not have a child born out of this marriage. It appears that the relations between the couple were not smooth and the wife was accused of treating the appellant-husband with cruelty right from the start of their marriage. The appellant alleged that the respondent showed no respect to him and for his relations. She openly said that the appellant was not to her liking. The wife Romila-respondent left the matrimonial house on 24.4.1976. Despite genuine efforts made by the appellant to bring the respondent-wife back to the matrimonial house, the wife did not return to the matrimonial house and this led to the filling of a petition for divorce by the appellant which was registered as Case No. 59 of 23.3.1979. The said petition for divorce filed under Section 13 of the Act 1955 was dismissed by the then District Judge, Jalandhar on 16.4.1980. The appellant-husband thereafter filed a petition under Section 9 of the Act 1955 which was dismissed by the Sub Judge Ist Class, Jalandhar vide judgment dated 16.7.1986. An appeal was filed against the judgment of the Sub Judge Ist Class, Jalandhar which was dismissed by this Court on 9.11.1987 as having been rendered infructuous. Still further, the appellant filed another petition for divorce on the ground of cruelty under Section 13 of the Act 1955 before the District Judge, Jalandhar which was transferred from Jalandhar to Chandigarh and was eventually dismissed as withdrawn by the then District Judge, Chandigarh. After the three aforesaid unsuccessful attempts made by the husband, he filed the petition for divorce again, being 4th in sequence under Section 13 of the Act, on the ground of cruelty and desertion. The wife appeared to contest the petition under Section 13 of the Act and filed her written statement. She alleged that the husband was abusing the process of law by filing repeated petitions against her. She took the plea that the petition, which was 4th in sequence, was barred by the principles of res judicata as well as barred by the provisions of Order 23 of Civil Procedure Code because the earlier petition had been dismissed as withdrawn on 16.4.1980 without seeking permission to file a fresh petition. She denied the allegations made against her of treating the husband with cruelty and deserting him and contended that on the other hand, it was the husband-appellant who had no intention to keep her as his wife and was bent upon getting rid of the respondent-wife on trumped up grounds. She further alleged that she lived with her husband i.e. the appellant from 5.8.1987 to 9.11.1987. According to her, the husband-appellant put forward a condition before this Court on 9.11.1987 that the respondent- wife should resign her job as a Teacher, which was also accepted by her, but despite that the husband did not keep her as his wife at the matrimonial house. In the replication filed by the husband the averments made against him in the written statement were denied and the averments made in the petition filed under Section 13 of the Act 1955 were reiterated.

(3.) THE husband and the wife both examined themselves as witnesses in support of their respective pleadings. They did not examine any other witness. After hearing the arguments of both the sides, learned District Judge, Chandigarh decided Issue No. 1 against the appellant. Issue No. 2 was also decided against the appellant-husband and Issue Nos. 3 and 4 were decided in favour of the respondent-wife. In view of the findings recorded in respect of the Issues No. 1 to 4, which were decided against the appellant, the petition for divorce under Section 13 of the Act 1955 was dismissed with costs.