SMT. BIRMATI Vs. MAHENDER SINGH

JUDGEMENT

(1.) THE wife, who had sought for a decree of divorce on the grounds of cruelty and desertion is in appeal challenging the decree of dismissal. The circumstance of cruelty as narrated in the petition was that the husband was making persistent demands for dowry and had further demanded that a motorcycle should be purchased for him. This aspect was also supported in evidence through the father. The other instance of cruelty attributed to the husband is that he was a man of loose character and that he was in sexual relationship with a person other than his wife. In the course of evidence, the appellant had improved the version to say that he was having a sexual relationship with his brother's wife.

(2.) THE manner of denial that has obtained to the averments to the petition is rather curious. The written statement is written in vernacular language which spells out in 11 lines referring to 11 paragraphs denying the averments. The translated version of the same is thus:

(3.) AT the trial, the appellant examined herself and her father. The husband has examined himself and gave evidence to the effect that he had made several attempts to take his wife to the matrimonial company but she is not willing to join. It is brought to evidence that after the wife had left the matrimonial house oh 10.07.1995, the divorce petition had been filed by the wife on 25.08.1998 and immediately after a month after the filing of the petition, a panchayat had been convened on 06.09.1998 which was exhibited as Ext.R2. The panchayat records alleged the fact that the conduct of the wife was not good, whereas the husband was well behaved. This document which the appellant's father had signed was confronted to his wife in the cross -examination and she said that she was not allowed to open her mouth and the panchayatees took a decision on their own and the signature of her father was obtained by force. While I cannot generalize the abrasive conduct of the Panchayats in some parts of this State, I cannot also discard the explanation of the wife that the Panchayatees took a decision on their own and the wife was not allowed to explain anything. Even the tenor of the language used in the document running down the wife's conduct as unworthy and stating the husband was at all times well behaved betrays complete' lack of fairness in approach and an abject surrender to gender bias, as is the wont of some khaps. The Court below took this letter to be an important piece of evidence that would disentitle the wife for claim of divorce. I am convinced that in this case, justice is derailed by the approach of the panchayatees. It is unworthy of acceptance on the line of reasoning of the judgment of Court below. The -panchayatees record has come subsequent to the filing of the petition. The court would be abdicating its power if it would allow for the local busy -bodies to substitute the court's role especially, when a party complained that she was not allowed to open her -mouth and that there was no fair play by the panchayat.