MAJOR SUMIT JOSHI Vs. ADITI SHARMA

JUDGEMENT

(1.) Having lost his case of seeking dissolution of his marriage with the respondent-wife on the ground of cruelty in terms of Sec. 13 (1) (i-a) of the Hindu Marriage Act, 1955 (hereinafter to be mentioned as "the Act") before the Additional District Judge, Panchkula, the husband has knocked at the door of this Court by filing the present appeal.

(2.) For the sake of convenience, the parties shall be referred to as per the nomenclature as given in the original petition as filed by the petitioner-husband.

(3.) The case as set up by the petitioner is that he got married with the respondent-wife on 29/11/2010 according to Hindu rites and ceremonies. A simple marriage was performed between the parties. There was no demand of dowry. Just after the marriage, the parties had gone to Mauritius for their honeymoon. The behaviour of the respondent was not normal since the very inception of their marital life and she acted in a strange manner at the airport itself while going to Mauritius by disappearing and on search being made by the petitioner, was found sitting in an isolated place. She argued and quarreled with the petitioner on trivial matters even on honeymoon. The parties started residing at their matrimonial house at Panchkula after their marriage. The house of parents of the respondent was situated nearby and she visited there almost every day without seeking consent from the petitioner or his parents. Her behaviour was secretive and rude. She did not render any help in performing domestic chores. She compelled the petitioner and his parents to serve everything to her in her bedroom. She used to make secretive talks on her cell phone and did not allow the petitioner and his family members to enter her room. In the month of March 2011, the petitioner who is an Army Officer was posted at Leh which was a Field posting. During that time, instead of staying at her matrimonial house, the respondent insisted for staying with her mother. She did not visit her matrimonial house in the absence of the petitioner at all. The petitioner had subsequently called her at Leh. The parties had gone abroad on their first Anniversary and on returning back, the respondent insisted to stay with her mother by making one pretext or the other and stayed there till September 2012. She joined the company of the petitioner after making lot of persuasions and pleadings by him. She had become pregnant and came back in January 2013. A female child was born to the parties on 7/8/2013. After discharge from the Command Hospital, Panchkula, the respondent instead of going to her matrimonial house, went to her parental house. She refused to join the company of the petitioner when he had been transferred to Bhopal and it was only after making many efforts that she had joined him there. While staying at Bhopal, the respondent caused embarrassment to the petitioner by making false and frivolous complaints against him. It was alleged that the mother of the respondent used to interfere in their matrimonial life thereby aggravating the situation. The petitioner while submitting that he could not lead a normal married life with the respondent, because of her behaviour, prayed for dissolution of marriage between them.