RISHI PAL Vs. MEENAKSHI

JUDGEMENT

(1.) Aggrieved by dismissal of his petition for divorce under Section 13 of the Hindu Marriage Act, for short 'the Act', by the lower Court vide judgment and decree dated January 24, 2012, the husband has preferred this appeal.

(2.) As per the averments in the petition under Section 13 of the Act, filed by the appellant/ husband, his marriage with respondent was solemnized on February 15, 2009 at Village Babial Tehsil and District Ambala and the parties last cohabited at Village Kakkar Majra but no child was born out of the wedlock. As per the allegations in the original petition, the appellant had observed a long cut with 15/16 stitches at the abdomen of the respondent and another small size scar with 4/5 stitches just below it on the right side. On asking about the details, the respondent wife avoided the straight answer but she disclosed that she had fallen from the stairs in her house and some broken pieces of glass had caused wounds. On another occasion she informed that she got hurt with an iron rod. It is averred in the petition that in the last week of February 2009, the respondent developed acute pain in her belly and started crying as a result of which Doctor gave her medicines and applied injections in her veins. The respondent disclosed that she had been experiencing these pains since childhood and that she was treated at Ambala Cantt, Jalandhar, Command Hospital, Chandigarh and Delhi but she was not relieved of the pains till date. Even operation by Doctor Handa in Military Hospital did not bring relief to the respondent from pain. In the year 1997, the treatment at PGI Chandigarh also could not bring any relief to the respondent and as such the respondent is dependent upon the sedatives and injections for the relief of pain. The respondent after betrothal ceremony on April 27, 2008 had been in communication with the appellant but she never gave any hint of her ailment. She had disclosed that she had been warned by her parents not to disclose of her ailment. It was averred in the petition that the respondent intermittently continued suffering from the pain. Appellant asked her father about her ailment but it was stated that it was because of her damage of her food pipe which had been replaced through the Doctor but the paid subsides only after the injection of sedative drugs are applied. He also disclosed that it was on account of damage to her intestine but her uncle allegedly informed the appellant that pain was on account of removal of an ulcer. The appellant suffered mental agony on account of physical suffering of the respondent and on account of the contradictory and confusing explanations of the respondent as well as members of her family. In October 2009, the respondent got acute pain in the midnight. The mother of the appellant was shocked when the respondent attempted suicide by applying cuts on her wrists. Doctor was requested to apply bandage and to give some medicines and injections. The appellant approached some respectable of the village next morning and apprised of the incident of the previous night. The matter was informed to his father-in-law as a result of which he came after 5/6 months along with few persons. The said persons told the father of the respondent that he should not have concealed about the ailment of his daughter before the betrothal ceremony. The father of the respondent admitted his fault and promised that he would take his daughter back along with him and get her diagnosed and treated from some competent Doctor and would send her back after she gets well perfectly. But instead of taking respondent to some competent Doctor he started visiting tantriks for her treatment by casting some evil spell upon the appellant. Whenever the respondent contacted the appellant on telephone she threatened him that if the appellant would not allow her to live with him, she would commit suicide and lay blame on his head. In the month of June 2010, she arrived in Kakkar Majra and forcibly entered the house to live there and when the appellant asked her whether her parents have got her treated from some doctor, she replied that it was not their responsibility. The appellant requested her parents to come again and to settle the matter once for all as she was not well and has been threatening to commit suicide and to involve the appellant, his mother and sister by laying blame of murder upon them. In the presence of the respectables the respondent continued threatening the appellant and her father kept mum. When the respectables asked him that in case his daughter tried to commit suicide in the fit of pain or in the fit of anger, the police would lay blame on the appellant. The respondent indulged in threatening telephonically to the appellant after she had been taken by her father on the advice of respectables. In the month of July 2010, the appellant approached Women Cell through S.P. Ambala, where respondent was summoned. She sought time to give her statement in writing after some days but she did not submit any reply and indulged in levelling allegations of demand of dowry, atrocities and blamed the mother and married sisters of the appellant. The appellant claims that he had suffered mental pain and agony at the hands of the respondent which caused mental cruelty, physical inconvenience to the appellant on account of the detail mentioned in the petition.

(3.) The petition filed by the appellant was contested by the respondent wife raising a preliminary objection regarding maintainability of the petition, concealment of the material facts pleading that she was a sincere wife and had always given due respect to the appellant but the appellant was a man of bad habits not maintaining good character having illicit relations with other lady and having bent upon to get rid of the respondent by filing false petition. She expressed her desire and readiness to live with the appellant at matrimonial home or at the place of posting of the appellant. The respondent and her parents along with relatives had convened a biradari panchayat on December 13, 2009 and tried to persuade the appellant to keep and maintain the respondent with him but the appellant refused to keep and maintain the respondent. Finding no alternative, the respondent had to file a complaint against the appellant and his family members to SP, Ambala regarding demand of dowry and cruel attitude of the appellant and his family members. It was averred in reply that the respondent was operated of her abdomen to remove the stone when she was 9 years of age and after marriage when the appellant asked the respondent about the said stitches she had disclosed the facts to him but the appellant had taken it otherwise and had concocted and manipulated a wrong version in the petition with due deliberations as he is well aware about the stitches disclosed by respondent. The said operation of removal of stone has never created any problem to the respondent at any time before or after the marriage. She never complained of any acute pain in her belly, as alleged. She was got medically examined by the sister of the appellant, namely, Mamta from the doctors at Kurukshetra and Pehowa and all the medical reports were satisfactory and in this regard all the reports of tests are with the sister of the appellant and the appellant has concealed true facts from the Court with some ulterior motive to mislead the Court. It is pleaded by respondent that she was quite hale and hearty and was not suffering from any ailment in any manner and stayed in the matrimonial home for about 4 months after marriage but thereafter the appellant and the family members started teasing and taunting her for brining less dowry. They started demanding more dowry and even demanded a Car and cash amount of Rs.1 lac to get the land of the father of the appellant redeemed but on refusal, the appellant gave beatings to the respondent and treated the respondent with cruelty and also extended beatings without any fault which was tolerated by the respondent with a hope that better sense would prevail upon the appellant and his family members. Father of the respondent paid a sum of Rs.60000/- on June 30, 2009 in order to see that his daughter was happy in matrimonial home. He also paid a sum of Rs.40000/- on October 30, 2009 but the lust of the appellant and his family was never ended. The allegations regarding visiting to tantrik by the respondent and her parents were denied. It was pleaded that at some time the appellant and his family members poured kerosene oil upon the respondent to kill her and the appellant had also tried to cut vein of the respondent in order to finish her but she was saved. Appellant and his family members are guilty of demand of dowry and extending merciless beatings to the respondent and the respondent has already filed a compliant to SP Ambala and the Women Cell which is still under investigation.