SUMAN @ SONU Vs. DESH RAJ

JUDGEMENT

(1.) The appeal is against dismissal of the petition for divorce sought at the instance of the wife on the ground that the husband was guilty of cruelty. The averments in the petition relating to cruelty were that the husband used to give merciless beatings to her and he was seeking for more dowry and she was also abused by derogatory epithets. The further allegation was that the respondent never had any sexual relations with the petitioner and he was unable to have normal relations with the wife. It was also stated in the petition that he has been constantly demanding large sums of money and since the amount was not paid, she was sent out of the house. A panchayat of respectable persons of village Kheri Masania had been held but the behaviour of the respondent and his family members were cold and unsupportive and refused to keep the petitioner in the matrimonial home unless 1 lac is paid.

(2.) Although the petition had been served on the respondent, he remained ex-parte. The petitioner had filed an affidavit in support of her contentions and she had also made references to convening of panchayat, but that the behaviour of the respondent was not supportive. In the affidavit it was stated that the respondent used to make a demand to bring dowry of 10,000/-. Since there was a variation in the statement contained in the affidavit and what was stated in the petition relating to the quantum of dowry, the trial Court felt that there was no truth in allegation regarding persistent demand of dowry. The trial Court also observed that if there had been any merciless beatings on the wife, she would have registered a complaint with the police and she would sought for intercession in panchayat of respectables. Actually both in the petition as well as in the affidavit there was a definite reference to convening of panchayat and how the suggestions of the panchayat were not accepted by the husband. There had been again a reaffirmation of the impotence of the husband even in the affidavit and that statement went unchallanged. An inability or unwillingness to have sexual relations itself would constitute mental cruelty and the fact that the petitioner was abused by derogatory remarks which had been stood verified again in the petition would themselves have been sufficient for a Court to hold the claim for divorce, even if the physical beatings had not been proved by any complaint to police. Again the approach of the trial Court itself is erroneous. No spouse immediately rushes to police on getting beaten by the husband. A physical act of assault itself is a loss of esteem for a person and it cannot be expected that every person would trumpet her own sufferings in public and make complaints to police on all occasions. The fact that there was no police complaint ought not have been made as a material fact to discredit the contention raised by the petitioner.

(3.) The petitioner s contention regarding the cruelty attributed against the husband was serious enough that merited a decree for divorce. The dismissal order made by the trial Court is set aside and the appeal is allowed granting the wife decree of divorce by dissolution of marriage with respondent-husband. The appeal is allowed to the above extent.