DEEPAK KUMAR Vs. MANISHA

JUDGEMENT

(1.) THIS is the husband's appeal and has been directed against the judgment and decree dated 22.11.1999, passed by the Additional District Judge, Gurgaon, who dismissed the petition under Section 13 of the Hindu Marriage Act filed by Shri Deepak against his wife Smt. Manisha Tyagi. It may be mentioned at the first instance that the petition under Section 13 of the Hindu Marriage Act was filed at Meerut on 24.11.1993 being a matrimonial Case No. 684 of 1993. Later on this petition was amended and the amended petition was filed in the Court of District Judge, Gurgaon on 28.11.1995. The Gurgaon Court got the jurisdiction to try this case under the orders of Hon'ble Supreme Court. Thus, I am incorporating the material pleadings of the parties in this judgment as per the amended petition.

(2.) THE petitioner-appellant Shri Deepak Kumar inter alia pleads that marriage between the parties was solemnised on 17.11.1991 at New Delhi. After the marriage, the respondent co-habited with him and stayed with him up to 30.12.1992 intermittently. The parties are living separately since 31.12.1992. A female child was born out of this wedlock on 2.6.1993. It is alleged by the petitioner-appellant that during the period of co-habitation with the respondent he discharged all his obligations as a husband. However, respondent is a quarrelsome lady. She is rude in her behaviour. She is insolent and ill- mannered. She was never agreed to any suggestion made by the petitioner. Respondent had caused acute mental cruelty to him on innumerable occasions due to her quarrelsome nature, ill mannerism, obstinacy, and schizophrenic attitude as a result of which his life had become miserable. Giving the instances of cruelty, it is alleged by the petitioner-appellant that in the first week of February, 1992 when he was watching a movie on the television, respondent rudely asked him to switch it off and when the petitioner-appellant failed to do so she got up and disconnected the same saying that petitioner had no business to use the television given to her by her parents. She repeated such type of behaviour lateron also causing acute agony to the petitioner. Due to continuous insolent and erratic behaviour of the respondent, the petitioner brought her to his parental home at Noida on 11.4.1992. She was brought there so that she might be counselled to behave like the dignified wife of an army officer. The parents of the petitioner made all efforts to advise the respondent to mend her ways and behave in a dignified way. In place of following the valuable advice of his parents, the respondent acted very violently losing all sense of proportion. She hurled filthy abuses on petitioner and his parents. She left her matrimonial home of her own and went to her parental home. She even threatened the petitioner and his parents that she had been an Advocate and she along with her two uncles who are also Advocates, would make their lives miserable. The respondent- stayed with her parents at Delhi for about two months. During this period ending with the middle of June, 1992, the respondent contacted the senior officers and colleagues of the petitioner-appellant at Meerut and levelled wild and baseless allegation passed unwarranted aspersion and agonising insinuations against the petitioner with the sole object of getting him humiliated and spoiling his military reputation. This also caused mental cruelty to the petitioner. In the middle of June, 1992, respondent came to her matrimonial home at Noida. She stayed there for about a month and during this stay, she made the life of his parents miserable. The petitioner also visited Noida during this period and requested her to improve her behaviour so that they could lead a happy and harmonious married life. It all went waste. In the second week of July, 1992, the respondent again picked up a quarrel with petitioner and his parents without any reasons. She hurled filthy abuses on them. She called her mother there who also joined her in the brawl and created the commotion in the house. The respondent left with her mother after passing unsavoury remarks against the petitioner and his parents. The respondent came to Meerut on 19.8.1992 of her own accord. During her stay at Meerut she again behaved in a rude and shocking manner. She started contacting the superior officers and colleagues of the petitioner and levelled all sort of wild and baseless allegations against his character and integrity. She made all efforts to malign his military reputation and made his life miserable. She even misbehaved with the petitioner in the presence of army Jawans and maid servants. In the end of October, 1992, the parents of petitioner came to visit them at Meerut. The respondent quarrelled with the mother of the petitioner. She then walked out of the house and remained at neighbour's house for the whole day. She talked loosely about the petitioner and his parents. She told to the wife of an officer that her in-laws had come to kill her. She made the stay of the parents at Meerut so miserable that they had to return to Noida within a couple of days. The petitioner respects his parents very much. The behaviour of the respondent towards them was shocking and caused acute mental agony to the petitioner. The respondent stayed with the petitioner at Meerut till 30.12.1992. Before she left that place, the petitioner led a traumatic tension-ridden and horrendous life on account of rude, irresponsible and reprehensible behaviour of the respondent. On 29.12.1992, the respondent asked the petitioner to accompany her to her parental home at Delhi. He could not oblige her and so she became very violent. She lost all her senses of proportion and started shouting loudly and created unhealthy scene in the officers Mess Area in the presence of officers, Jawans and maid servants. She called her mother and elder sister from Delhi and went with them without the consent of the petitioner. On 25.1.1993, the parents of respondent came to Noida at her instance. After addressing the petitioner and his parents awkwardly for two or three months, they started shouting loudly and levelling wild and baseless allegations against the petitioner. They commented adversely on the character of the petitioner. They told them that they came to know all that from the respondent. After creating the scene at the house of the petitioner's parents for two hours, they left for Delhi. They threatened the petitioner of being eliminated if he did not behave as per the wishes of the respondent. It is further alleged by the petitioner that when respondent was with him her sexual behaviour was also erratic, inhuman and unbearable. She intentionally used to indulge in coitus interruption with the only object of causing mental agony to the petitioner. Many a times, she refused even to share bed with him. The petitioner along with his parents and relatives made all-out efforts to persuade the respondent to improve her behaviour but could not succeed. Due to all this behaviour of the respondent, the petitioner filed the petitioner for divorce.

(3.) WITH these allegations of cruelty, the petitioner has prayed for a decree of divorce.