SMT. VIMLESH SHARMA Vs. RAM PARTAP

JUDGEMENT

(1.) Ram Partap, the respondent -husband got married to Smt. Vimlesh the appellant -wife on 3.2.1982 according to Hindu rites and the Ceremonies at Sirsa. Both of them resided in the material home and the marriage was duly consummated. A son was born out of this wedlock, in January, 1983.

(2.) A petition has been filed by the husband under Sec. 13 of the Hindu Marriage Act (hereinafter referred to as the Act) on 11.10.1994 for seeking divorce on the ground of mental cruelty caused to him on account of abbreviated quarrelsome behaviour of the wife. It is further alleged that she avoids to perform her obligations qua the household liabilities and consistently uses foul language towards the husband and the other members of the family. It is further averred that the husband kept on bearing with it to save the marriage and buy peace for the family and also in the larger interest of the child. It is alleged that about three years prior to the filing of the petition, the wife had picked up such quarrels on petty matters and created unpalatable situation in the family. It is further averred that she avoided making meals, cleaning utensils, washing clothes etc. and that whenever she was asked as to why these things have not been done by her, in return, abusive and rustic language was used. The cumulative effect of the same has been that the husband has suffered mental cruelty and unbearable torture at the hands of the wife. It is further alleged that the matter was taken up with the father of the wife and in return he had taken her to his own house on 14.11.1985 and that since then she has not come back to her matrimonial home. It is averred that at the time of leaving the matrimonial home, she had taken with her all the valuable, clothes, ornaments and cash amounting to Rs. 8,000/ -. The husband made numerous efforts to bring her back to the matrimonial home but the wife and her parents were never ever inclined to accept the request of the husband. On a number of occasions, a panchayat of the respectable was taken to the house of the wife but the effort was without any successful result. It is contended that the wife deserted the petitioner for almost 9 years, the petition for seeking divorce was filed on both the grounds i.e., mental cruelty and desertion.

(3.) The wife contested the petition and filed a detailed written statement. It has been categorically averred that she never ever wanted to leave the matrimonial home and she has always been willing to go back to her matrimonial home and has always been performing her matrimonial obligations and has always been a dutiful wife. It has also been categorically stated that she had never left the company of the petitioner voluntarily and had also never left the matrimonial home at her own instance and that in fact she had been thrown out of the matrimonial home by him. The allegation is that the husband never accorded an appropriate status to the wife and infact always showed his inclination to remarry a woman who may prove to be a modern wife. It is admitted that the wife is not a very highly educated lady but at the same time has always proved to be a dutiful house wife as she has brought up her child in a dignified and proper manner. She herself and her parents made a number of attempts to rehabilitate her matrimonial home but the obstinacy on the part of the husband completely deterred her efforts. It is contended that she is and has always been ready and willing to live with the husband and it has been emphatically denied that any panchayat of the respectable/elders of the family of the husband came to the house of the wife for bringing her back to the matrimonial home. It has been further denied that she had ever brought anything from the matrimonial home much less the ornaments and a sum of Rs. 8,000/ -, in fact she had been turned out of the house without anything but with the child.