KRISHNA RANI Vs. CHUNI LAL GULATI

JUDGEMENT

(1.) THE couple though married as far back as on 10th June, 1959 and blessed with three children, appears not to have been able to make a success of it. It was the appellant-wife Shmt. Krishna Rani (hereinafter referred to as the petitioner wife), who had in the first instance taken out divorce proceedings in March, 1978 which came to be dismissed on 1st Sept. , 1978 in default. It is there after Chuni Lal. , husband (hereinafter referred to as the respondent-husband) who took up the initiative by filing the present petition of 15th Nov. , 1978 under S. 13 of the Hindu Marriage Act seeking divorce on the ground of cruelty. It was alleged in the petition that the wife has been of a nagging type constantly insulting him even in the presence of his friends, she had been neglecting the children for whom she would not cook meal in time, would frequently bear them and maintain an atmosphere in the house which was constantly surcharged with tension; that she was self-willed to the extent that she would leave the house and remain away for days without his permission. By way of illustration, it was mentioned that in Nov. 1977, she went away to Haridwar without his permission and returned to the house after a week, giving an instance of insulting behavior it was mentioned that on 18th Jan. , 1978. his friends Om Prakash Chadha and Dr. Sanjay Sachdev visited his house. She declined to prepare tea for them, created a scene by beating the children with the result the guests left the hose without taking tea, as a result he felt greatly insulted. But what proved to be the proverbial "last straw" was an imputation against the husband of having illicit relations with Shmt. Parmeshwari, wife of his elder brother made in report Ex P-1 that she had lodged against the husband on 6th Feb. , 1978. On the basis of the said report, the husband had been arrested and proceeded against under Ss. 107 and 151 of the Cr. P. C. The wife left the house on that day returning only to collect her cloths and jewellery in the absence of the husband and thereafter has been staying away.

(2.) WIFE, Shmt, Krishna Rani denied the allegation pertaining to the nagging and insulting behavior attributed to her. She has asserted that she had been dutifully cooking the meals and looking after the children; that it was the husband who at the instance of his mother had been maltreating her occasionally and gave beating to her. His beating assumed serious proportion on 6th Feb. , 1978 which left her no alternative but to lodge a report with the police. She alleged that the husband was a follower of Nirankari Nirankaris with water which he made her to drink, although she did not believe in Nirankari Faith. On her refusal to do so, she used to be given beating.

(3.) CHUNI Lal, husband, appearing as his own witness, deposed to the allegations mentioned in the petition stating that the attitude of the wife was extremely arrogant, insulting and non-co-operative. She had been insulting him before his friends; that she had been neglecting to cook food for the children, that she many times and sometimes for days together would not cook food for the family, would not prepare children for the school, withheld motherly affection from them, with the result that he used to get them ready for the school and used to cook their meals at such times. Om Prakash Chadha, P. W. 3, deposed to the fact that one day in Nov. , 1977 he along with Dr. Sanjay Sechdev had visited the house of the husband. She in their present refused to prepare tea, started beating the children and they thereafter left the house without tea. Harish, P. W. 4 son of the parties corroborated the version given by Chuni Lal and Om Prakash Chadha. Dharam Singh, P. W. 5, who used to live in the house in front of the house of Chuni Lal, stated that whenever he visited the house of Chuni Lal, he found that his wife would not speak to him. She used to retort even on petty domestic affairs; that once he visited the house of Chuni Lal, he found that his wife was not present and had gone to Dehradun. He noticed Chuni Lal several times dressing up the children for sending them to the school.