PRIYA RANI Vs. RAJIV KUMAR

JUDGEMENT

(1.) The appellant-wife has come up in appeal before this Court seeking setting aside of judgment and decree dtd. 18/10/2018 passed by the District Judge (Family Court), Moga (hereinafter referred to as 'the Family Court'), whereby petition filed by the respondent-husband under Sec. 13 of the Hindu Marriage Act, 1955 (for short 'the HMA) to dissolve the marriage between the parties on the grounds of desertion and mental cruelty, has been allowed.

(2.) Briefly stated, respondent-husband filed a petition under Sec. 13 of the HMA before the Family Court pleading therein that marriage between the parties was solemnized on 29/6/2011 in a 'Dharamshala' at Zira, District Ferozepur, by way of Hindu rituals in a very simple manner. After marriage, appellant and the respondent lived together and cohabited with each other as husband and wife at Dharamkot, District Moga. Soon after marriage, respondent-husband came to know that appellant-wife was a hot headed lady and she disclosed that her marriage has been solemnized with the respondent against her wishes by her parents forcibly otherwise she did not want to marry him as she had love and relations with somebody else at Zira. She wanted to marry him. With the passage of time twin baby boys were born on 16/7/2012 at Dharamkot, out of which one boy died after 15 days of birth and other son, who is about four years old (at the time of filing of the petition under Sec. 13 of the HMA), is residing with respondent- husband and is studying in a school at Dharamkot. All the expenses have been borne by him. Even after birth of the children, appellant-wife did not mend her behaviour and continued to insult the respondent-husband and his family members to make them to bow before her demand of separate residence. To save his matrimonial life, respondent's parents separated him along with appellant on the first floor of their house and also got published a notice of disinheritance of the parties in the newspaper 'Pehredar' dtd. 17/4/2013. But even after getting separate residence, appellant-wife did not restrain herself from insulting the respondent-husband and his family members in the presence of friends, relatives etc. She did all these misdeeds firstly to get rid of the matrimonial ties and secondly at the instigation of her brothers, who wanted her to purchase separate house. Respondent-husband continued to bear all such maltreatment and harassment only with the view to save his family life and for better future of the child. When the respondent- husband tried to make the appellant-wife understand not to do the aforesaid acts and to leave the demand of separate house, to pressurize and cause mental torture to him, she left the matrimonial home in July, 2013 without his consent. Thereafter, respondent-husband arranged panchayat with residents of Dharamkot to take the appellant-wife back in the matrimonial home. On the request of panchayat, appellant's father Ramesh Kumar left her in the matrimonial home and also executed an agreement in the shape of writing dtd. 23/10/2013 admitting mistake of the appellant-wife and also assured that in future respondent-husband and his family members will have no problem from the side of the appellant- wife. On the basis of the said writing and assurance given by appellant's father, respondent kept appellant in his house as his wife. After 2-3 months, appellant-wife again started misbehaving with him and to get rid of matrimonial ties, she started making allegations against the respondent- husband that he has illicit relations with his brother's wife (bhabhi) as his elder brother is living abroad. When the respondent tried to make her understand not to make such false allegations, appellant hanged the minor son in the street on the first floor with the threat that if he tried to stop her from leaving the house, she will kill the child. Thereafter, appellant-wife again left the matrimonial home along with gold ornaments and valuable clothes threatening respondent and his family members to implicate them in a false criminal case. Respondent-husband convened panchayats number of times to make her understand but she remained adamant to her behavior and flatly refused to join his company. It was pleaded that due to above mentioned acts and behavior of appellant, respondent has suffered mental cruelty, insult and depression. In continuation of harassment and humiliation given to the respondent-husband and his family members, appellant instigated her brothers and other family members on which they came to respondent's house and abused to him and his family members and also threatened to lodge a false complaint against them. Respondent-husband's sister-in-law (Bhabhi) Smt. Pooja moved an application to the Police Station, Dharamkot, against the brothers of the appellant and her family members. It was alleged that appellant had caused mental cruelty to him to such an extent that he could not expect to live with her with an ordinary wear and tear of married life as she has also deserted him. Therefore, respondent-husband sought decree of divorce on the ground of cruelty and desertion.

(3.) Appellant-wife contested the petition admitting the marriage between the parties but she denied that it was solemnized in a 'Dharamshala' at Zira. Appellant stated that marriage was solemnized in Hotel G.N. Zira and her father spent Rs.7.00 lakhs on the marriage. It has been denied that appellant is a hot headed lady or that she disclosed the respondent-husband that she had married him under pressure of her parents rather she got married him with her own will. It has further been denied that she had any love or relation with somebody else at Zira. She had never any liking for any other person except the respondent-husband. It has also been denied that she ever insulted respondent's parents rather respondent had been insulting her parents as he insisted and pressurized her to bring money from her father. On two occasions appellant brought Rs.20,000.00 each from her father and gave the same to the respondent but he was not satisfied with the same as he insisted and pressurized her to bring at least Rs.3.00 lakhs from her father but her father is a poor man. It has also been asserted that respondent kicked her out of the matrimonial home and she will take appropriate legal recourse to get the custody of minor child. She always served and treated the respondent and his family members with utmost sincerity and devotion. Appellant's jethani Smt. Pooja has been interfering in her matrimonial life as her husband has gone abroad and she has been living in the same house where appellant and the respondent were residing. Demand of separate residence and mess has been denied by the appellant. It has also been denied that she ever resided separately on the first floor of the house. It was stated that respondent has been residing in the same house along with his parents and is doing business of karyana at Dharamkot. It has also been denied that she ever insulted the respondent and his family members in the presence of friends and relatives or that her brothers instigated to purchase separate residence. It was the respondent who maltreated the appellant and gave beatings to her. He also insulted her at the instigation of his bhabhi Pooja. It has also been denied that she left the matrimonial home in July, 2013. The story of panchayat has also been denied being false and concocted. The writing dtd. 23/10/2013 has not been denied but it has been asserted that it was only to save her matrimonial life as she and her father were made to sign the said writing as they were openly told that if they do not sign the same, appellant will not be allowed to enter the matrimonial home. It has been asserted that appellant neither levelled allegation that respondent has illicit relations with Smt. Pooja nor she left the matrimonial home along with gold ornaments and valuable clothes. Appellant was kicked out of her matrimonial home in the second week of November, 2016. Thereafter, appellant's father along with some other persons went to the house of the respondent with the request not to desert the appellant and to allow her to join the respondent in the matrimonial home but respondent and his parents insisted for Rs.2.50 lakhs to allow her to enter the matrimonial home. Sending of any panchayat by the respondent to her parental house has been denied. It has been stated that appellant has always been and is still ready and willing to join the respondent. It has been denied that there was any act or behaviour on her part which could be treated as mental cruelty, insult or depression. It has been asserted that appellant's brothers namely Sanjeev and Vishal were beaten and manhandled by the respondent. Other material allegations have also been denied and appellant made a prayer to dismiss the petition.