DR. SONIA KURUVILLA Vs. DR. SIMON CHAUDHARY

JUDGEMENT

(1.) Appellant-Wife-Sonia Kuruvilla has filed the present appeal aggrieved against the judgment dated 19/01/2016, whereby petition filed by respondent husband-Simon Chaudhary under section 10 of the Divorce Act 1869, has been allowed and consequently, marriage dated 05/11/2012 between the parties was dissolved on account of subjecting the husband to severe mental cruelty by wife.

(2.) In brief, facts of the case are that the parties to the present 'Lis' are Christian by religion, doctors by profession and their marriage was solemnized on 05/11/2012 according to Christian rites and ceremonies at a Church of South India, Christ Church, Thiruvananthapuram (Kerala). Thereafter, the parties started residing at their matrimonial home at House No. 823, Sector 2, Panchkula. The matrimonial home consisted of the parents and brother of the husband, wife and the husband himself. However, as per the petition filed for divorce, after a few days, the behaviour of wife started to change and she used to get recurrent attacks of insanity. Further, as per the allegations, wife wanted to reside separately from the joint household of husband and after a few months, husband allegedly accepted the demand of wife and shifted to a separate household in January 2013 at House No. 139-B, Sector 4, Panchkula. It is further alleged by the husband that despite shifting to the said separate household, wife used to leave for her parents home i.e. Kerala after every 15 days and subsequently, she wanted the husband to shift to Kerala and start the Medical practise there. However, husband refused to shift to Kerala, which led to numerous incidents of alleged cruelty as mentioned in the divorce application because of which the parents of husband were constrained to file a suit for permanent injunction, in which an order was passed, whereby, wife was injuncted from entering the House of parents situated at House No 823, Sector 2 Panchkula. It is further alleged by the husband that a false FIR No. 453 dated 06/09/2013 was lodged against him, his parents and brother by the wife under Sections 323, 406, 498-A, 506 and 34 of IPC which included levelling of serious allegations of unnatural sex, harassment etc. Simultaneously, an application under Section 12 of the Domestic Violence Act was also filed by her and at present, she is earning handsomely and has got a job as a Resident Doctor in Sector 32, Government Hospital, Chandigarh. With these allegations, husband had prayed for grant of decree of divorce on account of cruelty having been committed by the wife.

(3.) On the other hand, in the written statement filed by the wife, it was alleged by her that after 5-10 days of marriage it was the husband and his family members who started harassing her for bringing less dowry. As per her, the family of the husband wanted her to earn money, as she is M.D in Gynecology and feed them. It was further alleged that in fact, cruelty has been committed by the family members of the husband, as in December 2012, she had conceived but husband and his parents did not want a child and therefore, sought abortion. In order to avoid the said abortion, she went to Kerala but the pregnancy could not be saved. It was further alleged that on 10/01/2013, she was beaten up by the family of the husband and again cruelty was committed upon her. Apart from these, numerous other incidents were mentioned, refuting the incidents mentioned by the husband in his divorce petition. It was rather stated that she does not intend to take divorce and wants to rehabilitate with her husband. Remaining averments were denied. However, lodging of an FIR and complaint under Domestic Violence Act were admitted to be correct.