UMESH Vs. ANJANA

JUDGEMENT

(1.) Umesh, the appellant, and Anjana, the respondent, entered into matrimonial relationship, as per Hindu rites and ceremonies, on 30.06.1998 at village Dwarka, Tehsil Charkhi Dadri, District Bhiwani. They lived and cohabited together as husband and wife. The marriage was duly consummated as out of the wedlock, a female child, named Babli, was born on 06.12.1999.

(2.) The parties to the marriage could not pull on well and appellant-Umesh invoked provisions of Section 13 of the Hindu Marriage Act, 1955 (as amended by Hindu Marriage Laws (Amendment) Act, 1976), to seek dissolution of the matrimony on the grounds of cruelty and desertion by alleging that respondent's behaviour towards him and members of his family was not good; it was irritating and unbecoming of a hindu wife; it was abnormal and shocking; the respondent did not take interest in household and agricultural work and was not interested in living jointly with members of the family of the appellant. It was also stated by the appellant in the petition that from the very inception of marriage, respondent showed signs of ill-will and disinclination towards the appellant and wanted to live separately from his family. However, the appellant did not have sufficient means to run a separate household and for that reason, respondent used to pick up quarrels with him over trivialities. She did not respect him and members of his family. She did not even live with the appellant continuously for more than three months and used to rush to her parental home every now and then. In the month of October, 2000, respondent got employment as an Art and Craft Teacher and was posted in the Government Middle School, Chehar, Tehsil Loharu. Initially, she worked for three-four months at village Dalanwas near Satnali in District Mohindergarh and from the year 2001 onwards, she served in village Chehar. From there, she used to come to her parental home at Dhigawa. After getting employment, behaviour of the respondent towards the appellant and his family members turned more arrogant and she started looking down upon them and started insulting the appellant saying that he did not have sufficient resources to maintain her and the minor child and in such a situation, he erred to marry her. Not only this, even parents of the respondent also used to insult the appellant instead of making the respondent to adjust in the matrimonial home. The respondent used to humiliate the appellant by saying that she was saving him from starvation and to pronounce in the presence of appellant's friends and relatives that it was better for the appellant to die than to thrive on her salary. She also threatened the appellant to marry someone in the place of her employment so that both of them could live happily. This behaviour of the respondent caused depression in the mind of the appellant. Resultantly, he had to remain under continuous treatment of a Psychiatrist at Rohtak and Jhunjhunu (Rajasthan).

(3.) It was further stated in the petition that after being employed, the respondent visited the matrimonial home for some time but since May, 2001, she did not come to the matrimonial home and refused to live in the company of the appellant and proclaimed that she was not interested to continue the matrimonial relationship with the appellant. The respondent accompanied by her mother, brother, father and a few other persons visited the matrimonial home, fought with the appellant and his family members, gave beating to the appellant, his brother, Ajay Prakash, and his sister-in-law, Sunita, and took away all her jewellery and other household items, including appellant's scooter bearing registration No.HR-18-1829, regarding which a criminal complaint was filed against the respondent and others in the court of learned Judicial Magistrate Ist Class, Loharu.