SHIVANI CHATTOPADHYAYA Vs. SIDDHARTH CHATTOPADHYAYA

JUDGEMENT

(1.) Appellant-respondent Smt. Shivani Chattopadhyaya for short referred to as ("Shivani") and respondent-petitioner Shri Siddharth Chattopadhyaya, IPS (for short referred to as"Siddharth") got married on 8/02/1987 as per Hindu rites and ceremonies at Chandigarh in the presence of their respective relatives and other respectables. It shall be apposite to notice here that the parents of Siddharth did not participate in the performance of religious rites and the marriage function on account of death of grandfather of Siddharth and that despite request by Siddharth to postpone the marriage by about six months, marriage was solemnised on 8/02/1987. Grandfather of Siddharth died on 18/12/1986. Thus, it was too raw to ask son and his wife (father and mother of Siddharth) to participate in the marriage.

(2.) In fact, Siddharth and Shivani had met each other while studying in Punjab University during the academic session 1983-84 and that they were both students of M. A. History. Both developed liking for each other and the friendship turned into love affair. Siddharth is a Bengali Brahaman whereas Shivani is a Punjabi Hindu girl. Siddharth got selected in IPS and was undergoing training in National Police Academy, Hyderabad, which commenced on 14/12/1986. Thus, the marriage took place during his training period and after solemnisation of marriage, they lived together and celebrated their honeymoon at Hyderabad. Shivani was warmly accepted by the family of Siddharth. Siddharth was allocated State of Punjab and upon completion of his training at Hyderabad, was detailed for informative training in State of Punjab with Punjab Police. In this part of the training, he was detailed for short periods in various districts. During this spell, Shivani preferred to stay at her parental house at Chandigarh. She was expecting a child at that time and Siddhanth took leave for ten days when Shivani was admitted to PGI. A baby boy was born on 5/12/1987 at PGI Chandigarh. Baby boy was named as Siddharth Chattopadhyaya. Both the families were happy on this occasion and were together in Middle of December, 1987. It was in January 1988, Siddharth stood posted as A.S.P. Police Station, Rajpura and the small family i.e. Siddharth, Shivani and their son stayed together. It was at the end of January, 1988, they received another good piece of news, fixation of solemnisation of marriage of younger sister of Siddharth and the same was fixed for 4/02/1988. The marriage was to be solemnised at the parental house of Siddharth at Roorkee. This small family attended the marriage and in the meanwhile Siddharth stood posted at Amritsar. It was in April 1988, Siddharth was again required to report at National Police Academy, Hyderabad, for completion of second phase of training. However, the small family i.e. Shivani and their son joined Siddharth at Hyderabad in January, 1988. On completion of training, Siddharth passed out as an IPS officer on 30/07/1988. It is, thereafter, a small religious ceremony, relating to a newly born child, was performance on 15/08/1988 at the parental house of Siddharth at Roorkee. Father of Siddharth retired as Brigadier in the month of September, 1988 and permanently got settled along with his wife at Jaipur. Siddharth was again required to undergo part of the training at National Academy of Administration, Mussoorie and during this period the small family again stayed together. Training/course was completed in December, 1988.

(3.) On completion of the aforesaid training, Siddharth was posted as ASP Ludhiana. This posting was termed as sensitive in nature as the terrorism had started brewing up and acquired a galloping speed and reached its peak in a short span. Being a young dynamic officer, he was expected to fight terrorism with exemplary courage and risk of every nature. Such act expected and demanded out of Siddharth to remain ready all the 24 hours. As a sequel thereto, he remained away from matrimonial home not only during day time but most of the time during night as well. Struggling between life and death during the performance of his aforesaid duties, he always needed moral support by way of love and affection, which could only be provided by his wife. Perhaps, Shivani was only expecting gubernatorial life but the reality was entirely different. The resultant effect culminated into inflexible temperament of the wife. In fact, she expressed displeasure on account of Siddharth having been selected into IPS. Nature of his duties and the odd hours combined in it, perhaps caused reverses in the relationship between two lovers. She did not understand that duties of Police force are unique in character and responsibility i.e. for earning honours and laurels. This was the only avenue available for such achievements, especially when subjected to challenges inbuilt in society. Life has its own demands and requirements which may be met with before one is involved in earning credit for himself and his family. There is always depletion in involvements in personal life with passage of time. It is alleged that at one time Shivani wanted Siddharth to leave the job as the same had created a small gulf in their relationship. Siddharth became totally confused person, because there are very few persons who qualify for such service and are given accelerated promotions to achieve the highest honours and highest levels in service. Such job could not have been kicked out on the asking of the loved one.