POONAM Vs. VINOD KUMAR

JUDGEMENT

(1.) Wife is in appeal aggrieved by the judgment and decree dated 2.12.2004, passed by the learned Additional District Judge, Fast Track Court, Ambala, in a petition filed under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act'), vide which divorce has been granted in favour of the husband by a decree of divorce.

(2.) The respondent-husband filed a petition under Section 13 of the Act with the facts that the marriage between the parties was solemnised on 18.6.1993 at Ambala according to Hindu rites and ceremonies and thereafter, marriage was consummated and daughter Neha was born on 28.4.1994 from the wedlock. At the time of marriage, husband was serving as distributor in Haryana Government Press, Chandigarh and wife was serving in the Environment Department in Haryana at Chandigarh. Both lived in Chandigarh till October 1993. Husband has stated that the conduct of the wife was indifferent as she used to treat him with cruelty and pick up fights and was compelling him to shift from Manimajra to Ambala City, at the place of her parents, where all her other sisters were living with the family of the wife. When the husband did not agree with the demand of the wife, she became indifferent in her conduct and thereafter, she used to abuse and did not perform matrimonial obligations towards his family. She continued treating the husband with cruelty and refused to accompany him to village Badhouli and ultimately left the company of the husband/ matrimonial home on 14.4.1994 and since then she is living with her parents at Ambala. The husband has also pleaded that the wife had lodged FIR on 24.8.1995 under Sections 406/ 498-A IPC. Lodging of aforesaid FIR was on false premise against the husband and is bogus and the said case had ultimately entailed in acquittal of the husband and his family members on 11.9.2002 by the Court of learned Additional Chief Judicial Magistrate. The acquittal in this false case itself is claimed to be a ground of cruelty on the part of the wife. The husband has also pleaded that a joint petition under Section 13-B of the Act was filed in the Court of learned District Judge, Chandigarh for dissolution of marriage by mutual consent on 2.4.1996. In the said case, the wife appeared and made a statement before the learned District Judge, Chandigarh that she had been living separately from the husband since 14.4.1994 and there was no chance of re-conciliation between the couple. However, later on she made a statement not to pursue the said petition and the same was dismissed. The husband has claimed that he has not condoned the acts of her cruelty.

(3.) The present petition has been filed under Section 13 of the Act on 24/ 28.2.1998 by the husband. At one point of time, it was decided ex parte on 6.10.1998 in favour of the husband. After aforesaid ex parte decision, the wife filed an application for setting aside the ex parte decision only on 6.1.2000. The said application was contested and after necessary proceedings and leading of evidence, when the stage of adducing the evidence of the wife came, the parties arrived at some settlement and made the statement before the learned District Judge, Amabla on 11.3.2002, where the husband gave an undertaking to pay Rs. 1,00,000/- to the wife and failing which the application for setting aside the judgement and decree be allowed in favour of the wife. Evidently, the husband could not make good the aforesaid promise and ultimately on 4.6.2003, the ex parte judgment and decree dated 6.10.1998 was set aside on the aforesaid premise. It is relevant to state here that it has also come on record that the husband contracted second marriage on 5.3.2000 after having waited for so long. Learned trial Court allowed the petition of the husband thereby granting divorce vide judgment and decree dated 2.12.2004 and that is how the wife has come in present appeal before this Court.