NEENA MALHOTRA Vs. ASHOK MALHOTRA

JUDGEMENT

(1.) Neena Malhotra appellant was a divorcee. Thereafter she married Ashok Malhotra respondent who was also a divorcee and had a son from his first wife. The marriage of the appellant with the respondent took place on 7.10.1989. Out of this wedlock, a child was born on 13.7.1990 and the road of married life between the parties became rough. On 15.7.1991, the appellant left the house of the respondent and on 28.9.1991, the appellant got a case registered against the respondent, his sister, sister's husband and mother of the respondent for offences punishable under Sections 406,498-A IPC read with Sections 3/4 of the Dowry Act at FIR No. 267 in Police Station East, Chandigarh. The respondent filed divorce petition against the appellant on 5.4.1995 on the ground of cruelty and desertion.

(2.) The respondent and his relatives were acquitted in the criminal case by the Court of Shri Tejwinder Singh, Judicial Magistrate Ist Class, Chandigarh vide judgment dated 10.7.1996 which had become final.

(3.) The case of the respondent in the divorce petition was that the appellant did not respect the respondent and his mother. She did not perform her house hold duties. She resorted to abuses for him and his mother. She got violent. She even levelled allegations of sexual relationship between the respondent and his mother interse. This conduct, attitude and behaviour of the appellant could not be tolerated and, therefore, the respondent and his wife (appellant) started living separately in a rented house No. 1692, Sector 33, Chandigarh. They lived there for barely 2-1/2 months when the appellant left her house on 15.7.1991. A false case was also got registered by the appellant against the respondent, his sister, his brother-in-law and mother for offences punishable under Sections 406, 498-A IPC read with 3/4 Dowry Act. In the said case, false allegations were levelled about the sexual relations of the respondent with his mother by which the respondent and his family was defamed and they were unable to show their faces in the neighbourhood. The statement of the appellant was recorded in the Court of Shri A.K. Jain, learned Judicial Magistrate, Chandigarh on 16.2.1995 in which she repeated the allegations that the respondent was having sexual relations with his mother. These allegations also caused acute mental agony to the respondent which amounted to cruelty. She also deserted the respondent with effect from 15.7.1991 when she left his house. Hence the divorce petition.