SONIA Vs. MANISH KUMAR

JUDGEMENT

(1.) Appellant-wife (Sonia) has come up in appeal against the judgment dtd. 24/1/2019 passed by the Additional District Judge, Sangrur, whereby petition filed by respondent-husband under Sec. 13 of the Hindu Marriage Act, 1955, for dissolution of marriage, has been allowed. Marriage of the parties was solemnized on 7/11/2004 as per Hindu rites and ceremonies. Out of this wedlock, one female child namely Harshita was born on 29/9/2005, who is residing with the husband. Petition for divorce was filed by the husband-respondent taking the plea that the wife-appellant was hot tempered lady and was habitual not to perform her matrimonial duties. Atmosphere in his house became tense. The act of the wife caused mental cruelty to the husband-respondent and he started remaining under depression. Thereafter, the wife refused to cohabit with the husband and she remained adamant on her demand to shift Malaut and to transfer property of the husband in her favour. It was further stated that the wife-appellant was M.A., B.Ed. and wanted to run an academy with her brother at Malaut. When the husband refused to accept her proposal, she left the matrimonial home and started living with her parents. Her mother and brother threatened the husband-respondent time and again. In this regard, he moved an application to the SHO, Police Station, City, Sunam . Before the police, the wife stated that she wanted to stay with her parents. On 12/6/2007, she left the matrimonial house. On 14/6/2007, she moved an application to the police by levelling allegations against the husband and his family members. The appellant made an application under Sec. 438 Cr.P.C. and vide order dtd. 5/7/2007 passed by this Court, the husband was directed to appear before the police and narrate his grievance. At the instance of police, a Panchayat was convened on 25/6/2007. At that time, both the Panchayats gave in writing to the SHO that they would try to settle the matter. The husband made an application under Sec. 9 of the Hindu Marriage Act and the wife-appellant also filed an application under Sec. 125 Cr.P.C. For better future of the minor daughter, a compromise was effected between the parties on 29/2/2008, as per which, the wife agreed to reside with respondent-husband. However, she again started misbehaving with her husband and his parents. As per husband, he had arranged a job for the wife in Rotary Public School, Sunam, where she joined on 9/1/2009. Despite that, she did not attend the marriage of petitioner-husband's younger brother, which was solemnized on 16/5/2010. On 1/8/2010, she told that the house at Kacha Pahar was required to be transferred in her name, otherwise, she would involve the whole of the family in false criminal case. The husband did not accept the proposal. In the evening, when he came back to his house, it was found to be locked from outside. When he went to his parental house to know the whereabouts of his wife, the minor daughter was found to be present there. His parents told him that the minor daughter was found sitting outside the gate of their house in the noon time and they took her inside the house. The minor child told that her mother had left her at the door. A Panchayat was convened, but no decision could be taken. The wife had stated that until and unless the house is transferred in her name, she would not join the matrimonial home. In this backdrop, the petition was filed.

(2.) In order to prove his case, husband had appeared as PW-1 and examined his father namely Satpal Goyal (PW-2), maternal uncle Rajinder Goyal (PW-3), Madan Lal (PW-4) and thereafter, closed the evidence. On the other hand, respondent-wife also appeared as RW-1 and examined Dr. Hari Om Aggarwal (RW-2).

(3.) The trial Court, after considering entire evidence, gave finding on issue No.1 in favour of the husband on the following grounds:-