MAJOR SACHIN VASDEV Vs. SUDHA

JUDGEMENT

(1.) THE appeal in hand is directed against the judgment and decree dated 26.11.2013 passed by Additional District Judge, Fast Track Court, Amritsar whereby the petition filed by the appellant under Section 13 of the Hindu Marriage Act, 1955 was dismissed. As per the petition, the marriage between the parties was solemnized on 5.3.2003 in a simple manner. A male child was born to the parties. The petition was filed eight years after the marriage and it was alleged therein that soon after the parties tied the nuptial knot, the respondent misbehaved with the appellant in the house of his uncle and she treated the appellant with cruelty when they moved to Faizabad where the appellant was posted, being in the Army. The respondent picked up fight on trivial matters. In August, 2003, when the appellant was posted at Hisar, he fell ill and was hospitalized. The respondent did not look after him. After the appellant was discharged from the hospital, the couple was invited to dinner by some senior officer but the respondent refused to accompany him. When he returned, she was furious that appellant had left her and gone. The respondent refused to attend the social functions with the appellant.

(2.) IN September 2004, the appellant was allotted a house and when they reached there, the respondent made a serious issue out of the fact that she did not like the manner in which certain boxes were kept in different rooms. In December 2004, the parties were invited to dinner and after that the respondent fought with the appellant and left the matrimonial home and went to Lucknow. In January, 2005, the respondent went to Pathankot with the appellant after she had decided to separate as the marriage was not working. In February, 2005, the appellant went for a training and the respondent told him that she was not ready to live with his parents in Amritsar. A separate family accommodation was arranged for her and the respondent misbehaved with a sepoy who was left to guard the house in which the respondent was living. In May/June, 2006, the respondent shifted to the house of her in -laws and had been living with them since then. The respondent refused to shift with him when he was posted at a place near Nakodar and then at Pune. In October, 2009, the appellant was in Gurgaon for treatment for his back and during his treatment also the respondent quarreled with him and made him sign some letters that he wanted to leave the Army.

(3.) IN September/October, 2010, the couple quarreled in the car and the respondent started hitting the appellant. They had to go to the police and ultimately, the matter was resolved as the appellant and the respondent promised not to fight. However, in January, 2011, the respondent again started showing her true colours and insisted that the appellant transfer all his money in her account and she wanted to encash all the shares and mutual funds etc. to which the appellant agreed.