ANOOP SINGH MALIK Vs. RAJESH

JUDGEMENT

(1.) Through this application under Sec. 151 CPC prayer has been made for condonation of delay of 602 days in refiling the appeal. For the reasons mentioned in the application, same is allowed. Delay of 602 days in refiling the appeal is condoned.

(2.) Brief facts of the case are that marriage of the appellant with respondent was solemnised on 1/7/1998 at village Tikan Kalan, Tehsil Charkhi Dadri, District Bhiwani as per Hindu rites and ceremonies. The marriage was consummated and two children, namely, Ashish Malik and Annu Malik were born. As per appellant-husband the marriage was a simple affair and neither any demand of dowry was made nor any articles were given. During the stay of the parties together, the conduct of the respondent-wife was far from that of a normal Hindu wife as she treated the appellant and his family members with mental as well as physical cruelty. After the marriage, respondent joined the matrimonial house with the appellant at Chandigarh where he was employed. They lived there and cohabited. It has been averred by the appellant-husband that respondent- wife is a short tempered, irresponsible, non-cooperative in nature and is having a stubborn attitude. However, appellant always tried to accommodate the respondent with a fond hope that good sense would prevail upon her. It has also been alleged that respondent has been a negligent mother as she would leave the children alone to suffer injuries. She would not cook food and children had to go without meals a number of times. Appellant and his mother are looking after the children. It has further been alleged that on 13/1/2004 respondent came back along with her uncle Dhoop Singh, her brother Ranbir but after few days demanded that mother of the appellant should not live at Chandigarh and should go back to her village. On 17/2/2004, respondent picked up quarrel with the mother of the appellant and caused injuries to her. On the request of the appellant-husband, on 10/2/2004 father and uncle of the respondent-wife came to Chandigarh and took away respondent along with minor Ashish to their village on 19/2/2004. On 30/5/2004, respondent came back to Chandigarh and insisted that both the children should study in village. She categorically stated that the appellant-husband is dead for her and she is a widow and she does not need anybody's help and demanded the keys of house belonging to the father of the appellant in his native village so that she can stay there along with children. She even threatened to commit suicide alongwith children in case her demand is not met. For the safety of the children, appellant and his family members agreed for this unreasonable condition put forward by the respondent. Even then respondent-wife stated that appellant-husband should seek divorce from her as she is not interested in living with the him. Despite shifting to village Ajitpur and even after all the facilities of livelihood being provided by the appellant and his family members, respondent started quarrelling with uncle of the appellant, namely, Rajbir Singh and demanded that all the land of the family should be handed over to her only and she should get the control over income of the family land. When this condition was not met by the uncle of the appellant, respondent called his father and uncle, who threatened the uncle of the appellant of dire consequences in case he does not agree to the conditions imposed by the respondent. When illegal demands of the respondent were not met by the appellant and his family members, Krishan brother of the respondent-wife came on 21/11/2004 and threatened to file a dowry case against them in case they failed to meet the demands of the respondent, to which appellant and his parents bluntly refused. After some time, respondent moved a complaint with the Senior Superintendent of Police, Bhiwani, against the appellant and his family members. After thorough inquiry by the concerned authorities, the complaint of the respondent with regard to demand of dowry or istridhan was found to be false and it was confirmed that the basic issue of dispute was that the respondent had not performed her duties of a normal mother towards her own children which has resulted in the strained relation between husband and wife. Such false complaints have lowered the status of the appellant and his family members in the public eye. In order to please the respondent and to buy peace, on 8/5/2004 appellant shifted his residence to House No.2636, Sector 37-C, Chandigarh, and paid the rent in advance, but still the respondent did not join the appellant, which further caused cruelty to the appellant. It has further been pleaded that appellant was left with no other option but to file a petition under Sec. 9 of the HMA. However, during the pendency of the said petition, respondent approached the SSP, Bhiwani, by way of a representation dtd. 21/4/2005 and stated that she was ready to join the matrimonial home unconditionally. As a result of which, the matter was patched up and respondent agreed to come to matrimonial home on 4/6/2005 but the behaviour of the respondent did not change and there was no cohabitation and restitution of conjugal rights between the parties. On 5/7/2005, when the appellant was in his office, respondent left the matrimonial home along with his brother and child Ashish Malik without the consent of the appellant and his family members. All the efforts made by the appellant to bring the respondent back to her matrimonial home failed. Consequently, keeping in view the odd conduct of the respondent, appellant withdrew the petition filed by him under Sec. 9 of the HMA on 30/7/2005 in the Lok Adalat and filed the petition under Sec. 13(1)(ib) of the HMA on 2/8/2005 for dissolution of marriage was filed by the appellant.

(3.) On notice, respondent-wife appeared and filed written statement to the petition controverting its averments. It is averred by the respondent-wife that after the marriage she went to her matrimonial house with the appellant at village Ajitpur and they lived together as husband and wife and consummated the marriage. After some time, appellant took the respondent to Chandigarh where his father was serving in Irrigation Department whereas appellant was unemployed at that time. Her parents gave sufficient dowry at the time of marriage. However, appellant and his family members were greedy persons and they were not satisfied with the dowry. They started taunting the respondent for bring less dowry and she was harassed mentally and physically. After the birth of son, appellant and his family members asked the respondent to bring a car and Rs.50,000.00 in cash for paying instalments of the house, gold bangles and necklace. During that period appellant got a job. Parents of the respondent gave much in 'chhuchhak' but appellant and his family members were not satisfied and they started beating the respondent. On 31/12/2003 appellant turned the respondent out of the house after giving merciless beatings and threatened that if the aforesaid demand is not fulfilled he would not keep the respondent with him. Respondent went to village Tikan Kalan at her parental house and narrated all these things to her parents. On 12/1/2004, Ranbir and Bhoop Singh, brother and uncle of the respondent, respectively, went to Chandigarh along with respondent and asked the appellant the reason for giving beatings to her. At this, father of the appellant clearly stated that if their demand was not fulfilled they would not keep the respondent, moreover they would kill her. Brother and uncle of the respondent left her at Chandigarh and assured the appellant's family to fulfil their demand. After one month, appellant's family again started giving beating to her. On being informed by the respondent, her father went to Chandigarh and took the respondent and children with them on 19/2/2004. Appellant did not come to parental home of the respondent to take her and the children. However, in order to settle in her matrimonial home, respondent came to village Ajitpur in the month of August, 2004 with her children at her in-law's house and started living there. But appellant and his parents started harassing the respondent and threatened that they would kill her in the event of her staying any longer at village Ajitpur. Thus, respondent went to village Tikan Kalan with her children in the second week of December 2004 from village Ajitpur. Being aggrieved, respondent moved an application before the SSP Bhiwani on 27/12/2004. Appellant and his family members were summoned and the matter was compromised on 4/6/2005 in the presence of the respectables of the parties and the appellant took the respondent to Chandigarh but there was no change in their behaviour and they again gave beatings to the respondent. When on 5/7/2005 Ranbir, brother of the respondent went to Chandigarh to see the respondent, appellant gave beatings to the respondent and her brother and turned the respondent out of the matrimonial house Respondent and her brother came to village Tikan Kalan along with her son Ashish. Accordingly, respondent prayed for dismissal of the petition filed under Sec. 13(1) (ib) of the HMA filed by the appellant.