ANITA AGGARWAL Vs. RAMESH AGGARWAL

JUDGEMENT

(1.) This order shall dispose of two appeals, i.e. FAO No. 1786 of 2018 preferred by the appellant-wife (hereinafter referred to as 'the wife') to assail the judgment and decree dated 22.02.2018, handed down by learned District Judge (Family Court), Moga, dismissing the petition as filed by her against the respondent-husband (hereinafter referred to as 'the husband') under Section 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') and FAO No. 1790 of 2018, as filed by her to challenge the judgment and decree passed by the above-said Court on the same day, whereby the petition, as preferred by the husband against her under Section 13 of the Act, seeking dissolution of their marriage by way of the decree of divorce, was allowed. Both these appeals are being taken up together for adjudication as these have the genesis in the matrimonial discord between the same parties.

(2.) As per brief factual matrix, as canvassed by the husband (the petitioner) in the divorce petition, which has culminated in FAO No.1790 of 2018, the marriage between the parties was solemnized on 08.10.1995 at Dina Nagar as per Hindu Rites and Ceremonies. Out of this wedlock, two children named Parshant and Shreya were born, who were residing with him. The relations between the parties remained cordial up to the year 2005 but thereafter, the attitude of the wife started changing towards him. However, she was not having harmonious relations with his parents and other family members from the very beginning of their married life. She had been insisting for shifting to Moga and due to her misbehaviour towards his parents and younger brother, his father got a house constructed providing therein separate portions for him and his brother. In the year 2006, his wife misbehaved with him, his parents and brother on his having asked her to seek the repayment of a sum of Rs.2 lacs from the husband of her elder sister as given to him on loan basis. At the time of Greh Parvesh (house- warming) ceremony, the brothers and sister of his wife came to Dina Nagar and she started using filthy language against him and his family members and also pushed his brother aside on his having tried to pacify her.

(3.) The husband further averred that on 25.11.2008, his parents visited the residential portion occupied by him and were talking to their children but the wife gave beatings to the children and also caused injuries to his parents with her nails. However, the matter was compromised due to intervention of the respectables and she admitted her fault in the presence of her mother and brothers and this compromise was penned down wherein she also assured to improve her behaviour but she did not mend her ways. On 18.07.2011, she left her matrimonial home while saying that she would return after 10-15 days but she returned on 08.10.2011 and was accompanied by her brother. She again misbehaved with his father and threw her slipper towards him. This incident was reported to the police and thereupon, she gave written assurance that she would improve her behaviour. On 24.06.2012, on his reaching home, he found his daughter crying and when inquired, she disclosed to him that the wife had beaten her and had not served lunch to her. On his talking to his wife about the same, she started abusing and beating him and she also threatened to commit suicide. He got himself medically treated at the hospital and also reported the matter to the police. On 27.07.2012, the wife left her matrimonial house in his absence. Thus, she subjected him and their children as well as her parents-in-law to cruelty, mental as well as physical and also withdrew from his society without any sufficient and reasonable cause.