SUSHIL SHARMA Vs. SEEMA SHARMA

JUDGEMENT

(1.) HAVING remained unsuccessful in a petition filed under Section 13 of the Hindu Marriage Act, 1955 (In short "the Act") for dissolution of marriage by a decree of divorce, the appellant -husband has challenged the judgment and decree dated 24.8.2007 passed by the Additional District Judge, Chandigarh before this Court by way of instant appeal.

(2.) PUT shortly, the facts necessary for adjudication of the present appeal as narrated therein may be noticed. The marriage between the parties was solemnized on 11.12.1991 at Chandigarh as per Hindu rites and ceremonies. Out of the said wedlock, a daughter was born on 23.12.1998. At the time of marriage, the appellant was serving as Captain in Indian Army and was posted at Jalandhar and the respondent was studying in Panjab University, Chandigarh. On account of her study, she lived at her matrimonial home at village Fatehpur, District Kaithal initially for six months and continued studies at the expenses of the appellant. In May, 1992, she came back to Jalandhar for final exams. From the very beginning, the behaviour of the respondent was unpredictable as she used to do things in her own fashion. In July, 1992 while she was carrying pregnancy of six months, she insisted to drive the motor cycle inspite of the fact that she had never driven motorcycle earlier. As a result, she had met with an accident and her pregnancy was also terminated. Her life was saved with great difficulty. The respondent in April 1993 got her pregnancy terminated without informing the appellant or any of his family members when she took treatment from PGI, Chandigarh for some ailment. The appellant was transferred from Bikaner to Noida in August, 1993. His mother came there for stay but the respondent fought with her very badly and left the matrimonial home for the house of her married sister at Faridabad without informing the appellant. In order to save the family's pride, he used to bow down to the irrational wishes and demands of the respondent but to no use. She again left the matrimonial home in 1994. The appellant was selected in PCS in September 1994 and he joined as such in 1995. He underwent training at Nainital and thereafter he was posted at Mathura and stayed there for almost 7 to 8 months. The respondent visited him there. He got the respondent treated from a renowned Gynecologist at Agra but she failed to appreciate the efforts and did not improve. At one occasion, she went to his office and started abusing him publicly in front of his superior officers due to which the appellant suffered humiliation and embarrassment. Thereafter, she left the matrimonial home and came with her mother at Chandigarh. When the appellant was posted as Deputy Collector, Pauri Gharwal, the respondent called the local police to their official residence saying that somebody had entered their residence and had tried to cause bodily injury to her. The SSP and the District Magistrate came to the house of the appellant. However, on enquiry, the complaint of the respondent was found to be false. Thereafter, the family members of the respondent took her to Chandigarh. In spite of the request of the appellant, the respondent did not agree to return to the matrimonial home. A panchayat was convened at the parental home of the respondent in which she admitted her fault and gave an affidavit that the appellant and his parents never made any demand of dowry nor they gave any beatings to her and she came back to her matrimonial home at village Fatehpur, District Kaithal. Again the behaviour of the respondent did not improve and she kept on picking up quarrel with the appellant and his family members. In November, 1998, the appellant was transferred to Ghaziabad. On 23.12.1998, the respondent gave birth to a female child. When the parents of the appellant came to see the newly born child at Ghaziabad, she publicly humiliated and abused them in front of his neighbours and domestic servants. The respondent also deserted the appellant and left his company without any sufficient cause in September, 2000 by taking valuable articles, jewellery etc. with her and since then she had been living separately from the appellant. However, in December, 2000, in the absence of the appellant, she forcibly entered the residential house/Govt. accommodation allotted to him and started living in his room separately without the consent of the appellant. She did not allow the appellant to see his child. According to the appellant, in April, 2001, she came to him and picked up a fight. She started shouting and the neighbours also reached there and intervened. When the neighbourers left the house and the appellant had gone to the bed, she along with the daughter after locking the door of the appellant from outside left the house from back door. In the morning of the next day, the servants opened the door of the appellant and at that time he came to know that the respondent had left for Chandigarh. Thereafter, she made a written complaint to the Commissioner, District Magistrate Ghaziabad and District Magistrate Noida making false and baseless allegations against the appellant. The said complaint was duly replied by the appellant on 17.9.2002. The appellant personally met the mother and brother of the respondent but they humiliated him and told him to leave their house. Since, the appellant had not condoned the act of cruelty committed by the respondent, he filed a petition under Section 13 of the Act for dissolution of marriage by a divorce of divorce. The said petition was resisted by the respondent by filing a written statement. Besides raising various preliminary objections, it was pleaded that the appellant joined Army services on short service commission and after retirement from the Army he joined PCS. After leaving the Army, the behaviour of the appellant became cruel. His parents were greedy persons. The appellant asked her to get him provided Government accommodation at Chandigarh at the cost of her father and on her failure to do so, she was beaten mercilessly. Many times, the appellant had tried to throw her out of the matrimonial house and the respondent kept on tolerating all these with the future hope. The parents of the appellant abused her and asked her to leave the house. She was insulted in the presence of domestic servants. Even the appellant dragged the respondent from her hair on the road at Ghaziabad. He started keeping her under lock and key. In October, 1997, she was thrown out of her matrimonial home and she went to her parents. However, with the intervention of her relatives she came to her matrimonial house as the matter was compromised. At that time, she agreed to all the conditions of the appellant. Even the appellant obtained an affidavit from her to the effect that he and his parents neither demanded any dowry nor harassed her on that account. Her signatures were also obtained on blank papers. To save her matrimonial house, she signed the blank stamp papers. When she stayed at Fatehpur, the behaviour of the parents of the appellant remained very rude and she was asked to bring money from her mother, brother and maternal uncle. In July, 1993, when she was in a family way, the appellant compelled her to learn to drive motorcycle and scooter saying that the wives of other officers in the Army drive motorcycle and scooter. At the time of accident, the respondent was sitting on the front of the motorcycle whereas the appellant was on the pillion. The handle was controlled by the appellant and the motorcycle dashed against the wall. In this way, her first abortion had taken place. Even the petitioner expressed the desire not to have any child from her. She had always been treated with cruelty by the appellant but his behaviour did not improve. When she was ill, she was sent to Fatehpur where she was treated with cruelty and rude behaviour by the parents of the appellant. She was not even provided medical aid and was forced to go to her parent house at Chandigarh. Due to her illness, she was admitted to PGI, Chandigarh where she suffered abortion. At that time, the appellant refused to take her but she herself went to the matrimonial house at Fatehpur as she wanted to remain with her husband. In November, 1993, when the appellant was in a private service, her mother -in -law came there and she was being beaten up in the presence of her mother and was asked to leave the house but she did not leave the house. At Mathura, the respondent was being beaten up by her mother -in -law and father -in -law and they also pressurized her to take divorce from the appellant. Even in the presence of senior officers, she was being slapped by her mother -in -law. When the behaviour of the appellant became intolerable, she complained to the superior officers but to no effect. She had been continuously living in the Government accommodation with the appellant and as such the question of her forcible entrance did not arise. According to the respondent, the appellant wanted to take divorce from her as he intended to marry for the second time. The other averments were denied and a prayer for dismissal of the divorce petition was made. The appellant filed rejoinder controverting the averments made in the written statement and reiterating that made in the petition. From the pleadings of the parties, the trial court framed the following issues: - -

(3.) WHETHER the civil courts at Kaithal has no jurisdiction to try this petition? OPR