BIMLA Vs. KESAR DAGAR

JUDGEMENT

(1.) Aggrieved against the judgment and decree dated Jan. 16, 2010 passed by the learned District Judge, Family Court, Faridabad whereby the marriage between the parties was dissolved, the appellant-wife has preferred the instant appeal.

(2.) The marriage between the parties was solemnized on April 20, 1988 at village Godata, Tehsil Hodal, District Faridabad. The parties cohabited and out of their wedlock, four children namely Ms. Jyoti, aged 16 years, Master Deepak, aged 14 years, Ms. Swati, aged 10 years and Ms. Pooja, aged 7 years were born, who are residing with their mother.

(3.) It has been alleged by the husband-respondent in this appeal that after the marriage, he found that his wife is a quarrelsome woman and has no respect either for the petitioner/respondent or for his family members or even relatives and friends. Even she used to give severe beatings to his father. She never entertained his any of relatives or friends. Rather, she used to pick up quarrels on petty matters. She also used to shout and create scenes in mohalla while coming out in the street. Though, the parents of the respondent/appellant-wife were asked to make her understand and behave properly but all in vain. She also used to leave the matrimonial home without his consent or the consent of his family members. In March, 2001 at 10.30 p.m. she left the matrimonial home and reached her parental home on the next day at 9:00 a.m. Thereafter, she joined her matrimonial home in Oct., 2003 after several panchayats were convened but despite that, she failed to mend her ways. There was no sexual relationship between him and the respondent-wife, when she stayed in the matrimonial home. She used to visit her parental house in every six months and return to the matrimonial home after six months. She never stayed continuously in the matrimonial home for a year. He is the only son of his parents and have various immovable properties. Even their land was also acquired by the State Government, which fetched compensation to the tune of Rs.7 crores. The respondent as well as her family members have an evil eye on his money and properties as well as of his father. Though, he always behaved with her as a good husband and even in his LIC policies, he always made her as nominee. Yet the respondent and other members of her family pressurised him to deposit the amount of compensation and transfer half of his property in her name. When he showed his inability to do so, the respondent and her family members put pressure upon him to live separately from his father, for which, he did not agree. The respondent and her other family members also started extending threats to implicate him in false dowry case, in case, he fails to fulfill their demands. Mahipal, brother of respondent/appellant alongwith Sham Sunder, Advocate and his son Devender Kumar, Advocate (uncles and cousin of respondent) always instigated the respondent in this regard. False reports have also been got made against him with a view to harass him. It has further been alleged that in 2001, the respondent went to her parental home and refused to return to join his company until and unless, he deposits a sum of Rs.2 crores and transfers half of his share of the agricultural land in her name. On Nov. 24, 2003 at 6:00 p.m., he received a telephone call from the respondent to the effect that she is not feeling well. Accordingly, he reached at her parental house and found her unwell. Immediately, he took her to Escorts Medical Centre, Faridabad where she was got admitted for treatment. At that time, she pretended to be seriously ill and in conspiracy with the hospital staff, remained admitted there till Dec. 26, 2003. Sufficient amount was spent on her treatment which was borne by him. Even he donated his blood and also got donated from his relatives and friends at that time. In fact, the respondent was pressurising him and his father to deposit a sum of Rs.2 crores and also to transfer some immovable properties in her name. FIR No. 686 dated Dec. 2, 2003 was also got registered by the respondent in Police Station, City, Ballabhgarh alleging that he administered poison to her with an intention to kill her. His father being an illiterate person succumbed to the pressure exercised by her parents and relatives and agreed to transfer whatever amount was in his bank account, in the name of the respondent i.e. Rs.1.67 crore after the meetings in Badram Farm on Dec. 25, 2003 and on Nov. 29, 2003. Due to the transfer of the heavy amount, his father lost his mental balance and finally expired in a road accident on April 28, 2004. It has further been alleged that though this amount was to be deposited in favour of the children but it was misused by the respondent, her brother Mahipal and other members of her family. Even after receipt of such a huge amount, she continued to treat him with cruelty by levelling false allegations. In a case registered against him, he was compelled to surrender before police on Aug. 10, 2004 and had to remain in custody till his acquittal on Dec. 21, 2005 by the Court of learned Additional Sessions Judge, Faridabad. The allegations were found to be false during trial. Not only this, the respondent-wife also levelled charges against him that he is a womanizer to harass him and his family members.