ASHA GUPTA Vs. RAJIV KUMAR GUPTA

JUDGEMENT

(1.) This appeal has been filed by the appellant-wife against the judgment and decree dated 27-7-1998, passed by the Additional District Judge, Chandigarh, vide which the divorce petition filed by the husband was allowed and the marriage between the parties was dissolved by decree of divorce.

(2.) The facts in brief are that Rajiv Kumar Gupta (husband) had filed petition under S. 13 of the Hindu Marriage Act, at Delhi, against his wife Smt. Asha Gupta alias Anju Gupta, seeking dissolution of marriage by decree of divorce. It was alleged in the said petition that the marriage between the parties was solemnised on 26-10-1986 and after the marriage the parties lived together as husband and wife till 26-9-1987 and since then the parties were residing separately. It was alleged that on the first night after marriage, the respondent-wife had told him that her marriage with him was solemnised against her wishes and that she was forced to marry him by her parents and elder brother and that she was not interested in the marriage. It was alleged that when the petitioner tried to have sexual relations with her on the first night after marriage, she avoided it on some pretext on that night and for some days thereafter and that the sexual intercourse was performed for the first time when the parties had gone for honeymoon to Shimla, Kullu and Manali. It was alleged that in November, 1985, she told him that she would like to live separately from the joint family upon which the petitioner expressed his inability. It was alleged that after coming back to Delhi from honeymoon, the respondent did not attend to domestic work and used to get up late and when he asked her to help his old mother in domestic work she threatened him and asked him that he should live separately with her. It was alleged that in December, 1985 she expressed her desire to do some work, whereupon he asked her to get her certificates but the certificates did not come and in one of the letters written by her to her brother he found that she had told her brother not to send the certificates till the date of birth in the certificates was changed. It was alleged that subsequently when the certificates were received, it was found that there was great difference in her age as told to him at the time of marriage and as mentioned in the certificates. It was alleged that on account of cruel acts and mental torture created by her, the mother of the petitioner started suffering from blood pressure etc. It was alleged that in April, 1986 the petitioner noticed a large bottle of Brahmi Amla Hair Oil with a black liquid in it and on inquiry, the respondent revealed that she was having grey hair and was dying the same, which fact was concealed from the petitioner. It was alleged that on 26-5-1986, the brother of the respondent took the respondent to Moga for delivery and she gave birth to a male child on 23-6-1986 in Singla Nursing Home, Moga and in the first week of August, 1986, when the petitioner went to Moga to meet her and the child, during his 3-4 days stay there, he came to know that she was not the youngest child of the family even though it was proclaimed that she was the youngest. It was alleged that the respondent lived at Moga till middle of November, 1986 when the petitioner brought her back to Delhi along with the child to his newly rented house, which was taken by him on rent on her insistence and thereupon the parties started residing together, separate from his parents and brother w.e.f. 15-11-1986. It was alleged that in that house the respondent became more aggressive as there was no one to watch her and she used to pick up quarrels with petitioner every day without any provocation and she used to get up late and the petitioner used to take his breakfast and lunch at Dhabas and had to wash his own clothes and also used to clean house and utensils. It was alleged that the respondent never attended to the household works. It was alleged that on 17-11-1986 and 30-12- 1986 the respondent quarrelled with the petitioner and she also quarrelled with him in the last week of January, 1987 and threatened to commit suicide. It was alleged that she also threatened to end her life in second and last week of February, 1987, after quarrelling with him. It was alleged that the acts of the respondent-wife had caused mental pain and agony to the petitioner, who always tried to pacify her. It was alleged that again in March, 1987 and on 7-4-1987 and 11-4-1987, the respondent-wife quarrelled with him and gave similar threats, as a result of which the petitioner had to lead miserable life. It was alleged that in the second week of April, 1987, late at night the respondent started bleeding profusely all of a sudden due to miscarriage and she was taken to hospital where she recovered and returned home. It was alleged that respondent- wife never bothered for the brother and other relations of the petitioner and never showed any courtesy towards them. It was alleged that in first week of July, 1987, she insisted for going to Moga to meet her parents and the petitioner got her railway tickets booked but because of the disturbances in Punjab, she decided to go to Narora, where her brother was residing whereupon the parties went to Narora on 9-7-1987 where again the respondent quarrelled with him on the next day whereupon he left Narora, leaving her at Narora. It was alleged that in the last week of July, 1987, she returned to Delhi along with her brother without any prior intimation and her brother left her outside the house which was lying locked and on coming to know about it the petitioner came to the house and found her inside the house after breaking open the lock. It was alleged that the petitioner tried to talk to her parents on phone but of no avail. It was alleged that on 1-8-1987, petitioner fell into a manhole. It was alleged that his legs and hands used to tremble and he used to have severe headache and instead of showing sympathy towards him the respondent became more aggressive and started threatening to commit suicide. It was alleged that she used to taunt the petitioner saying that she was more qualified and could look after herself and the child. It was alleged that she would open the door, sit in the balcony and tell the child that his father, i.e. the petitioner was dead. It was alleged that on 26-7-1987, the respondent again quarrelled with the petitioner in the presence of her brother and when he asked her brother to advise her to behave properly, the brother of the respondent told the petitioner that for him and all his family members the respondent-wife was already dead and he could do nothing to resolve the matter. It was alleged thai on that night the petitioner went to Police Post and reported the matter to the police saying that he was leaving his residence (rented house) because of harassment and mental torture caused to him by the respondent- wife and he would live with his brother and that he would continue to bear the expenses of rented house where the respondent-wife was residing. It was alleged that the respondent lived in the said rented house till 8-12-1987 and for the said period of 2'/2 months the petitioner paid the house rent etc. It was alleged that finally on 8-12-1987 the petitioner was informed that the said house may be locked as the respondent was going to Moga. It was alleged that on 8-12-1987, the respondent left the rented house along with the child and her brothers and went to Moga. It was alleged that since 26-9-1987 parties were living separately. It was alleged that on 25-3-1989, the respondent-wife came to the bank where the petitioner was working along with the child and there she threatened to create a scene and she also interfered with the official work of the petitioner and in order to avoid confrontalion and unpleasantness, the petitioner left the bank. It was alleged that in his absence the respondent met the Manager, the Chief Manager and other colleagues of the petitioner and falsely told them that the petitioner was having illicit relations with another woman and on coming to know about these facts the petitioner suffered mental agony, humiliation as all these allegations were totally false. It was alleged that on 29-3-1989, various representatives from Dahej Virodhi Mahila Sangthan, came to the house of the petitioner accompanied by the respondent along with photocopies of the various letters allegedly written by the respondent levelling the allegations against the petitioner and they asked the family members of the petitioner that he should appear in their office failing which they threatened to create a scene. It was alleged that on 30-3-1989 the petitioner went to the office of that Sangthan along with his mother etc. and there the respondent was also present and she levelled false allegations against the petitioner that he was having relations with other women. She also levelled false allegations that the petitioner and his family members were planning to kill her and were demanding Rs. 1 lac from her. It was alleged that a lot of tension was created by the respondent and the mother of the petitioner started shivering, upon which they were asked to leave and to think over the matter for a couple of days. It was alleged that on 2-4-1989 when the petitioner was not at home his parents received a telephonic call from those ladies requiring to see them. It was alleged that the petitioner did not go thereon 3-4-1989 and visited on 4-4-1989, after informing the police post about it. It was alleged that on 8-12-1989 when the respondent had left for Moga, she had taken with her some of the dowry articles while the remaining were still lying with the petitioner, as detailed in para 29 of the petition and the petitioner was ready to return those articles to the respondent. It was alleged that the respondent had treated the petitioner with cruelty and as such the petitioner is entitled to the dissolution of marriage by way of decree of divorce on the ground of cruelty.

(3.) Respondent filed written statement and controverted the various allegations levelled against her. It was alleged that correct age of the respondent was told to the petitioner and his family members before marriage. It was alleged that the marriage was consummated on the first night after marriage. It was denied that she had ever asked the petitioner to live separately from the joint family. It was denied that she ever threatened or she did not do any domestic work. It was alleged that in fact the petitioner had forced her to take some job and her family members had sent the certificates at the asking of the petitioner. It was alleged that the petitioner used to treat her with cruelty and had been raising demand for Rs. 1 lac and sometimes Rs. 50,000/- for payment of instalments of flat at Rohini. It was denied that the age of the respondent was concealed as alleged. It was denied that she had ever threatened to commit suicide. It was alleged that the petitioner and his family members had been maltreating her and compelling her to bring Rs. 1 lac from her parents. It was denied that the petitioner had taken the rented house at the asking of the respondent. On the other hand, it was alleged that it was the asking of his own family members that the petitioner had taken a rented house. It was denied that she did not prepare breakfast for the petitioner. It was alleged (hat the petitioner continued to harass her and had been pressurising her to bring money from her parents. It was denied that the parties had gone to Narora on 9-7-1987, as alleged. On the other hand, it was alleged that the petitioner took the respondent with him to Narora and there he left her with the child and came back on the next morning without any programme. It was alleged that the petitioner did not have any love and affection either for the respondent or for the child. It was denied that she ever told the child that his father was dead. It was alleged that no incident, as alleged, had taken place and she had no intimation about any report lodged by the petitioner with the police. It was denied that the parties were living separately from each other since 26-9-1987. On the other hand, it was alleged that on 8-12-1987, the brother of the respondent had taken a Panchayat to the house of the petitioner and his family members put up the condition regarding payment of Rs. 1 lac. It was admitted that the respondent had gone to the bank of the petitioner along with child, but it was alleged that she was turned out of the bank by the petitioner. The various allegations levelled against her about her meeting the Manager etc. and humiliating the petitioner were denied. It was alleged that subsequently the respondent tried to contact the petitioner in the bank but she was told that he had gone out of the bank for banking business. It was alleged that in spite of various visits the respondent could not meet the petitioner and it was only on 25-3-1989 that the petitioner met her in the bank, but on seeing her he went out of the bank premises and did not turn up. It was denied that she ever contacted the Manager or any other employee. It was alleged that since the respondent could not meet the petitioner and talk to him, as per advise she took up the matter with Dahej Virodhi Mahila Sanghthan but the petitioner took ill of it and gave threats. It was denied that any threat was given to the petitioner. It was alleged that the respondent and the child were turned out of the matrimonial home on account of non-fulfilment of the demand made by the petitioner and his family members. It was alleged that the petitioner used to take drinks very often and he had beaten the respondent numerously after taking drinks. It was denied that she had taken various dowry articles with her while going to Moga on 8-12-1987 or otherwise. Various other allegations were also denied and it was prayed that the divorce petition be dismissed.