SAVITA CHADHA Vs. RAVINDER SINGH CHADHA

JUDGEMENT

(1.) This appeal is directed by the wife Savita Chadha against the decree of the Additional District Judge, Gurgaon, dated 3rd March, 1986 whereby the marriage between the parties was dissolved by a decree of divorce at the instance of the husband Ravinder Singh. The marriage between the parties was solemnised on 16th April, 1983. They lived together for about 4 months i.e. upto 28th July, 1983. The present petition for divorce was filed on 11th October, 1984, on the ground of cruelty on the part of the wife.

(2.) According to the allegations in the petition filed by the husband, on the very first night of the marriage, the wife had told him that she was not willing to marry him and that she was forced to marry him by her parents. According to the husband, she addressed him as "Bhai Sahib". From the very beginning the wife used to taunt her husband that she belonged to a very rich family while the husband was no match for her as he could not provide the facilities under which she was habitual in her parent's house. It was further alleged that at the instance of the wife, the husband provided flush latrine in the house even though he was not in a position to bear the expenses for the same. She had been telling the husband that she would go to see picture in a taxi and when the husband and his mother tried to convince her that they were not in a position to fulfil her demands, she used to quarrel with them. She never used to do any house-hold work and used to get up at 9 a.m. and used to ask for bed-tea from the mother of the husband. Whenever she was told to behave like a good wife, she used to threat that she would commit suicide and the blame would come to them. It was further pleaded that except once or twice the wife did not allow the husband to share her bed and whenever he used to approach her, she would threat him that she would jump from the roof. She always used to insult and misbehave with him and his mother even in the presence of others. During the stay at her husband's house, she suffered some woman disease and she was got treated from lady doctor at Gurgaon and thereafter at Delhi. As per the advice of the doctor, she was required to take certain medicines but she refused to take the same and told the husband that if she was compelled to take medicines, she would commit suicide. Thereupon the husband sent a telegram to the parents of the wife asking them to come, since he feared that some incident may not happen on her refusing to take the medicines. Vijay Khanna, brother of the wife, came to Gurgaon but instead of advising his sister, he started abusing the husband and his mother and also threatened them. According to the husband, the wife also made false complaints against him with the Antidowry Cell and also to the police at Delhi and Gurgaon as well as to the Departmental Authorities of the husband. On these allegations it was inter alia stated that these acts taken together constitute cruelty and therefore, the husband was entitled to the decree for divorce.

(3.) In the written statement the wife controverted the said allegations made by the husband. According to her, she had conceived but the husband had compelled her for a forced abortion against her and under threat and coercion. She denied that she had addressed the husband as brother or that she had told him that she was not willing to marry him or that she was forced to marry him by her parents. According to the wife, the husband and his parents were not satisfied with the dowry given in the marriage and from the very beginning they were complaining about the same though dowry worth Rs. 70,000/- was given at the time of marriage. It was further alleged that after the forcible abortion when she fell ill seriously and the husband and his parents thought that she was going to die, they sent a telegram to Darjeeling, whereupon her brother came to Gurgaon. It was at the instance of the husband and his mother that she was taken away by her brother to Darjeeling for treatment. As a matter of fact, according to the wife, the husband and his parents had no intention to bring her back to their house and they intended to get rid of her Telegram Exhibit R.1 dated 21st October, 1983 was sent in this behalf in which it was stated, "please do not send Savita at any cost. I cannot keep her." She denied that she ever refused to take medicines except at the initial stage when she refused to take the pills to have forcible abortion but the husband gave her beatings for not obeying his orders and under those circumstances she had to take the pills which resulted in the abortion and she fell seriously ill. However, it was admitted that she had sent letters to the Legal Aid Cell for woman at Delhi and also the authorities at Gurgaon, requesting them to get the matter reconciled.