VANDANA Vs. DEEPAK

JUDGEMENT

(1.) APPELLANT /wife has filed this appeal against the judgment and decree dated 13.03.2008 passed by the learned Additional District Judge, (Fast Track Court) Ambala, decreeing the petition filed by the respondent/husband under section 13 of the Hindu Marriage Act (for short the Act) seeking a decree of divorce.

(2.) PLEADED case of the husband/respondent was that the marriage between the parties was solemnized on 31.1.1990 at Ambala Cantt according to Hindu rites and ceremonies. After the marriage the parties cohabited and lived together and out of this wed-lock 4 children i.e. three daughters and one son were born. Daughter named Ashta was born on 1.2.1991, whereas daughter Prerna was born on 24.6.93 and daughter Kripa and son Jawanshu were born as twins on 25.3.2000. Appellant/wife was stated to be spend-thrift. After the marriage the parties resided at the parental house of the respondent/husband at 154 Mahesh Nagar, Ambala Cantt for few months only. The mother of the appellant was said to be interfering in the matrimonial life of the parties, and further that the appellant was also towing the lines of her mother.

(3.) IT was on account of the act and conduct of the appellant, and her mother's attitude, that the respondent was compelled to convene a panchayat comprising Shri R.S. Walia and Shri Vinod Walia in May, 1994. In the panchayat father of the appellant apologized for the acts of the appellant and promised that his wife i.e. the mother of the appellant would not interfere in the matrimonial life of the respondent. It was also decided in the panchayat that the parties would shift to parental house of the respondent but in spite of settlement the appellant again started creating scenes, and the visits of the mother of the appellant became a routine affair. Both the mother and the appellant humiliated the respondent. It was also the case of the respondent/husband that he was being pressured to claim share in the parental property. It was on account of this that he again had to shift to House No.182, Mahesh Nagar, Ambala Cantt. The case set up further was that his parents refused to accept the demand of the respondent, for share, then the appellant/wife along with her mother hatched a conspiracy and got lodged FIR No.85 dated 23.5.1996 against the respondent/husband as well as his younger brother Neeraj for alleged commission of offences under sections 304B/511/306/511/498A/406 IPC with Police station Mahesh Nagar. In the FIR, the respondent and his brother were arrested and released on bail. They also faced agony of trial for about 3 years. However, they were finally acquitted by the learned Sessions Judge, Ambala on 15.6.1999. On 12.6.1999 the appellant executed a writing admitting therein that she had realized her mistake in lodging the FIR.