SURINDER KAUR Vs. KARNAIL SINGH

JUDGEMENT

(1.) This is wife's appeal against the decree of divorce passed by the Additional District Judge, Ambala, dated 4th October, 1986.

(2.) The marriage between the parties was solemnised on 6th May, 1981. The divorce petition was filed by the husband Karnail Singh on 26th February, 1986 alleging that soon after the marriage he came to know that his wife is incapable of bearing a child as she was not having any menses. She was taken to Dr. Waryam Singh Hospital, Yamuna Nagar, for examination and treatment. Lady doctor who examined her opined that she was not capable of bearing a child. She further told that she was prepared to undertake a major surgery but there was no definite hope that the operation would necessarily make the lady capable of bearing a child. However, when the husband wanted to get the operation performed on his wife she refused to undergo the same. Thus he was frustrated and disheartened and the idea of not having a child lingering on his mind, began to tell upon his health. The wife also started giving filthy abuses to him whenever any of his relations visited him. She would bestow unbecoming insults on him. It was further alleged that the wife even refused to perform her martial obligations and used to tell him that he should take his mother or sister for operation. In short the case of the husband was that the continuous illtreatment, cessation of marital obligations and neglect of the husband by the wife unremitting abuses and quarrels made a state of married life impossible. The day by day attitude of the wife became more furious and she treated the husband with contempt. This according to the husband amounts to cruelty. Another ground taken was that he has not been allowed cohabitation for the last two years and in this way the wife has deserted him for continuous period of more than two years immediately preceding the presentation of the petition without any reasonable cause or justification.

(3.) In the written statement the wife pleaded that the husband was suffering from disease at the time of her marriage with him and he was got treated by her father after spending huge amount. She further pleaded that the husband was adamant to perform a major operation on her so that she may die an unnatural death. However, she pleaded that she has no objection to undergo surgery but wanted that the operation should be performed in the presence of her parents. She denied that she ever refused to perform her marital obligations. The position taken by her was that she lived with the husband upto 11th May, 1986 and that on 12th May, 1986, she was turned out of the house in three wearing clothes and was further threatened that she will be done to death if she dared to visit the house of her husband again. According to her allegations her husband is a greedy person and demanded scooter from her parents. She was always ready and willing to live with him and perform all the duties of a good Hindu wife. She denied the allegation of cruelty and pleaded that it was the husband who has been cruel to her and asked her to commit suicide while turning her out of the house.