RENUKA VERMA Vs. PADAM VERMA

JUDGEMENT

(1.) THIS is wife's appeal against the impugned order dated 18.9.2007 vide which the learned Trial Court, while allowing a petition under Section 13 of the Hindu Marriage Act (hereinafter referred to as "the Act") filed by the respondent-husband, ordered the dissolution of their marriage. The learned Trial Court upheld the allegations levelled by the respondent- husband that the appellant-wife had treated him with cruelty and had deserted him without any reasonable cause.

(2.) THE respective pleadings of the parties, as apparent from the file are as under :- The marriage between the parties was solemnised on 20.11.1992 at Gurdaspur, according to Hindu rites and ceremonies. The parties cohabited, as husband and wife, at Gurdaspur and two sons ( Jatin Verma and Sahil Verma) were born out of their union on 25.10.1993 and 21.8.1995 respectively. A female issue namely Bhavna was also born out of their union in the year 1999 at village Tara Garh. At the time of presentation of the petition, Sahil Verma was put up with the respondent; while Jatin and Bhavana were putting up with the appellant-wife. At the time of the marriage, the respondent-husband was working as a building contractor. His two younger brothers were unmarried at that time. Mother of the respondent-husband was living with them. (Father of the respondent-husband was dead by that time). Immediate after the marriage, the appellant-wife started insisting that the respondent husband should separate in mess and residence from the other members of his natal family. The respondent-husband expressed his inability to do so in view of the fact that his father had predeceased his mother and he has to look after his two unmarried brothers. The appellant-wife, thereafter, started quarreling with her mother-in-law. She would even abuse her brothers-in-law even on petty matters. Thereafter, one of the younger brothers of the respondent-husband got married and his two brothers and his mother separated in mess and residence from the respondent- respondent. Even then, the behaviour of the appellant- wife did not undergo any change. Whenever relations of the respondent would come to visit, she would be disrespectful towards them. She was also in the habit of abusing the respondent in the presence of visiting friends and relations. From his job of a building contractor, the respondent changed his profession to a property consultant and building designer. Whenever a customer would be visiting him at his house, the appellant would resist that visit. On that account, the respondent shifted his office to a rented premises.

(3.) IN the month of November, 1998, the appellant picked up a quarrel with the respondent and threatened to commit suicide and involve the respondent and living members of his natal family in a false case. She also called upon the respondent to deposit a sum of Rs. 10 lacs in her name or else she would abandon him for ever. During the Christmas holidays on 21.12.1998, the appellant went over to her natal house, alongwith both her sons. The understanding was that she would get back to the matrimonial house on 1.1.1999 when the children of the parties had to resume schooling. She did not, however, honour the commitment. On 22.2.1999, the respondent fetched the appellant and the two sons of the parties to the matrimonial house. She, however, again left the matrimonial house unannounced on 25.5.1999 with her both sons and went over to her natal house at village Taragarh. She also carried along her gold ornaments, cash amount of Rs. 1 lac and other valuable clothings. The respondent approached her and requested her to join the matrimonial company and also to return the amount of Rs. 1 lac which she had taken from the matrimonial house. Though the appellant sent one of the minor sons with the respondent but she refused to herself get back the matrimonial house.