ROHTASH KANWAR Vs. SUDESH DEVI

JUDGEMENT

(1.) This is husband's appeal against the order dated May 1, 2014 passed by District Judge, Family Court, Hissar, dismissing his petition for divorce filed against the respondent-wife on the ground of cruelty and desertion. The lower Court has held that the appellant is not entitled to take the benefit of his own wrong as he has refused to take the respondent along without any sufficient reason.

(2.) The appellant had filed the divorce petition by pleading in his petition that he was married to the respondent on March 30, 1998 and his brother Parkash Kanwar also got married on the same day with the sister of the respondent, namely, Monika. The marriage of the appellant was attended by only 10/15 persons and it was a simple marriage. At the time of marriage the appellant was serving in Indian Army and posted in Assam. After marriage both the respondent and her sister Monika came to their matrimonial home but the respondent started quarreling on trifle matters with the appellant. No issue was born out of the wedlock. So far as the sister of the respondent is concerned she lived happily with her husband Parkash Kanwar and had two children out of the their wedlock. The family members of the appellant had tried their level best to make the respondent understand that she should live peacefully and in harmony with the appellant but she was a lady of high temperament and used to quarrel on petty matters. The respondent threatened the appellant and his family members to involve them in the dowry case or to commit suicide. As a result of the above said behaviour of the respondent, the appellant was under great mental stress. The appellant had taken the respondent to his place of posting in Assam and Sangroor but her behaviour did not change. On account of behaviour of the respondent, the appellant had been rebuked by the Army officers. The respondent insisted that she would either live at her parental home or at Village Sulakhni. The appellant had brought the respondent to Village Sulakhni but there also she used to quarrel with the appellant and his family members and threatened them to implicate in false cases. The respondent did not do any household work at her matrimonial home in Village Sulakhni or at the place of appellant's posting and used to leave the matrimonial home and go to Deras and remained there for months without informing the appellant and his family. The mother of the respondent used to threaten to kill the appellant. Their conversation had been recorded wherein the mother of the respondent was found telling Monika that she has certain 'gunda elements' and would get the appellant killed. The appellant received letters from the respondent where she admitted her guilt and that she would not commit suicide. The respondent got aborted herself three time without the knowledge and consent of the appellant as she did not want to have any child. The said act of the respondent caused mental agony and cruelty. The uncle of the respondent along with his sons including respondent's brother, namely, Manjeet were sent by her family to kill the appellant. They had taken away all clothes alleging that same had been given by them. In this manner, the appellant was defamed in the whole village. The appellant pleaded that he had booked two railway tickets of West Bengal where a quarter was allotted to him, whereas the respondent absconded with gold and money as a result of which the appellant got cancelled her ticket. The respondent had been living with her parents since 2009 and has got no intention to return to the matrimonial home. The respondent has also deserted the appellant.

(3.) The respondent, in her written statement, denied all the allegations and pleaded that the appellant and his family members were harassing and torturing her on account of non-fulfilling of their demand of dowry. The respondent was being humiliated by the appellant and his family members as she was unable to bear a child. The appellant and his family members want to get rid of the respondent by obtaining divorce. The respondent claimed that she had been subjected to cruelty and harassment by the appellant many a times by giving her muscular beatings. The respondent denied that she was ever taken to the place of posting of the appellant. The respondent also denied to have ever demanded to live at the parental home of the appellant at Village Sulakhni. The allegation of respondent's living in 'Deras' without information was also denied. Respondent levelled allegations of beatings against the appellant and claimed that she had been working in the fields also. The allegations of recording of conversation were denied. The respondent averred that she was called 'Banjh' (infertile lady) by the appellant and his family members. The respondent was never taken for medical check-up for her infertility. Allegations of extending threats to the appellant or his family members were also denied. The respondent claimed that she never left her matrimonial home at Village Sulakhni and was still living and residing there.