MANISHA TYAGI Vs. DEEPAK KUMAR

JUDGEMENT

(1.) ALL efforts made at reconciliation between this well educated and well placed estranged couple having failed, we explored the possibility of seeing an amicable settlement and permanent parting between them. We regret to note that we even could not succeed in these efforts. The case having been heard at length was put up for rehearing when a statement was made on behalf of the respondent -husband that he was willing to pay Rs. 10 lacs to the appellant -wife and his child, which was turned down by her. At some stage of these proceedings, the appellant wife seemed willing to end this relationship in case some proper arrangements were made for the child. We recollect that her demand was in the range of the present offer, which the respondent -husband had then expressed his inability to meet. This well educated couple, who are well placed in their respective fields, has continued to litigate this matrimonial dispute almost soon after their marriage. We have not been able to really appreciate the guts of the parties in failing to either reconcile this marriage or to see that the same ended with mutual understanding and agreement. Left with no other alternative we proceed to decide this appeal.

(2.) THE appellant, a practicing Advocate, has impugned the judgment of the learned Single Judge, who, after appreciation of evidence and fact found fault with both the parties and modified the judgment of the trial Court by granting judicial separation. Respondent herein, an officer in the Indian Army, had sought divorce from his wife on the ground of cruelty, which was rejected by the trial Court. The prayer made by the respondent -husband herein for divorce was declined by the Court of Additional District Judge, Gurgaon, against which, the respondent had filed appeal before this Court leading to modification of the said finding. The learned Single Judge, as already noticed, found that the appellant, though was guilty of cruelty, but still held that the respondent was not entitled to a decree of divorce. While setting aside the judgment of the trial Court, learned Single Judge granted decree of judicial separation under Section 10 of the Hindu Marriage Act, 1955 in favour of the respondent -husband and against the appellant -wife. This finding of the learned Single Judge is under challenge now before us in the present appeal.

(3.) BEFORE proceeding any further, we may notice in brief the facts, which had led to the filing of the divorce petition so as to get the hang of the issues being agitated. The appellant and the respondent were married on 17.11.1991 at New Delhi. Respondent, who was Captain in the Army, was serving at Meerut at that time. Marriage was, accordingly, cohabited but it is pleaded that this was intermittent in nature. Soon after the marriage, the serious differences and dispute arose between the parties leading to separation, which is continuing since 31.12.1992. Appellant -wife gave birth to a female child on 2.6.1993 and the combat between the parties obvious has engulfed the life of this young child. Perhaps it may leave some permanent scars. From the record we could not discern efforts, if any, made by either of the parties or their parents to see that this marriage worked. Separation led the respondent - husband to file a petition for divorce making allegation that the appellant - wife was quarrelsome, crude, illmannered with further averment that her stay with the respondent has caused acute mental cruelty to him. The respondent had gone to the extent of terming the attitude of the appellant -wife to be schizophrenic, which had, as per him, made his life miserable. He narrated various instances of cruelty in para 7 of his divorce petition, total ten in number. Noticing in brief, these were the acts of the wife in switching off TV while he was watching with the remark that the husband had no business to use the television given by her parents. It is claimed that these instances were repeated leading to acute mental agony for the respondent. Respondent -husband has stated that seeing the behaviour of the wife, he had brought her to his parents house at Noida. When she was counseled by his parents, wife is alleged to have lost all senses of proportion and had showered filthy abuses to the husband and his parents. The wife is also alleged to have stated that she being an Advocate would sort out the appellant and his family well and proper with the help of her two Advocate uncles and would make their lives miserable. It is then stated that the appellant wife while being with her parents during mid June 1992 contacted superior officers and colleagues of the respondent - husband and leveled wild and baseless allegations expressing serious aspersion and agonizing insinuations against the appellant with the sole object of humiliating him and of spoiling his military reputation. This is claimed to have caused acute mental cruelty to the husband. In 2nd week of July 1992, the wife and her mother had hurled filthy abuses to the respondent -husband and his parents when the mother was called to control the wife, who was created commotion in the house of the respondent -husband at Noida. It is further alleged that in August 1992 the wife, while at Meerut, started contacting the superior officers of the husband making baseless allegations against his character and integrity. Respondenthusband has claimed that this seriously dented his military reputation, which for him, was not only miserable but unbearable. Appellant -wife is alleged to have misbehaved in the presence of army jawans and maid servant. She is further alleged to have misbehaved with her parents while they came to visit them at Meerut making allegation that visit to Meerut was to kill her. This was shocking for the respondent -husband and his parents to bear. During December 1992, the appellant -wife is alleged to have become violent and had created a scene by loudly shouting in the officers' mess area, which, as per the respondent -husband, was beyond any sense of proportion. It is then that the appellant -wife is stated to have left Meerut for Delhi by calling her sister and mother without informing the respondent -husband. Further allegation of mis -behaviour by the wife and her parents during January 1993 and leveling of wild and baseless allegations revealed in a most disgraceful and derogate manners have also been made. The respondent -husband had also complained against sexual behaviour of the wife saying it to be erratic, inhuman and unbearable. He has alleged that the appellant -wife used to intentionally indulge in coitus interruption and by doing so, she succeeded in causing mental agony to the husband. Allegation is further made that she, many a times, refused to share bed with the husband.