ARUN KUMAR BHARDWAJ Vs. ANILA BHARDWAJ

JUDGEMENT

(1.) The husband has come up in appeal against the judgement and decree of the Matrimonial Court dismissing his petition for dissolution of marriage under S. 13(1)(i) and (ia) of Hindu Marriage Act, 1955.

(2.) Facts as enfolded in the petition, briefly are. The parties were married on 24/11/1979 according to Hindu rites and ceremonies at Garha, Jalandhar; that out of the wedlock, a son and a daughter were born; that soon after the marriage it was discovered that the wife respondent No. 1 (hereinafter the wife) was obstinate, headstrong, violent tempered and abnormally aggressive; that she started misbehaving and ill-treating the husband and his family members on pretexts and tried to prevail upon the husband to leave his parents' house and take up separate residence; that she insulted him in the presence of his colleagues and refused to prepare tea for them and other relations; that she used to leave the matrimonial home abruptly without the husband's permission and would go to her parents' house at Jalandhar and would stay there for months together without caring for her matrimonial obligations towards him and his family members; that during her stay in the matrimonial house, she started inviting one Inder Mani, resident of Delhi, by sending him frequent messages and when questioned about her relationship with the said person, she stated that he was her 'Dharam Bhai'; that Inder Mani started paying frequent visists to the husband's house and interfering in their day-to-day affairs; that whenever she was asked by the husband and his parents to mend her ways, she did not do so and used abusive and filthy language against them even in the presence of her 'Dharam Bhai'; that her behaviour resulted in the deterioration of the husband's health and he had to be medically treated; that she threatened to commit suicide and make false charge and complaints against the husband and his family members; that in the afternoon of 4/04/1985, the wife had voluntary sexual intercourse with respondent No. 2 in the parental house of the husband when the husband was on duty; that she was caught doing the act by Man Singh son of Roop Singh, who was working as a gardener in the park opposite to the parental house of the husband; that the husband also came to know that respondent No. 2 had been stealthily visiting his wife and was having illicit relations with her; that when confronted, the wife threatened to commit suicide and leave the matrimonial house if any action was taken against her, that the husband sent for the wife's parents and apprised them of her misdeeds, who assured that if given one chance, she would mend her ways and would not invite her 'Dharam Bhai' to the matrimonial home and would also stop her adulterous relations with respondent No. 2; that in April, 1985 the marriage of the husband's sister was to take place, the wife with the help and connivance of her 'Dharam Bhai' tried her level best to stop the marriage. She tried to send a letter addressed to the would-be in-laws of her husband's sister making false imputations about the husband's family, but she did not succeed in her evil designs, as it was intercepted and the marriage of the husband's sister was performed as proposed; that when confronted, the wife admitted having written the letter but threatened to commit suicide rather than to live with the husband; that all of a sudden, she left the matrimonial home in the mid week of May, 1985 and started residing with her parents at Jalandhar in order to cover her misdeeds and that notice dated 16/06/1985 was served upon her to restrain her from her nefarious activities.

(3.) The respondents contested the petition and filed separate written statements.