DR. ASHOK KUMAR AGGARWAL Vs. SMT. ANJU RAJE

JUDGEMENT

(1.) THIS appeal by the husband is directed against the judgment and decree dated 9.4.2003 passed by the learned Additional District Judge, Chandigarh dismissing the petition filed by the appellant under Section 13 of the Hindu Marriage Act, 1955 (for short the Act) for dissolution of marriage.

(2.) THE appellant sought a decree of divorce on the ground of cruelty and adultery on the pleadings that the parties were married on 10.6.1994 at Lucknow according to Hindu rites and ceremonies. After the marriage, the parties lived together and cohabited as husband and wife at Pilani (Rajasthan), Guwahati (Assam) and Chandigarh. No child was born out of this wed -lock. The appellant claimed that he is an intellectual and belonged to cream scientific society of the country. Due to indefinite attitude of the respondent, the appellant could not enjoy his happy married life. The respondent was said to be lethargic type of woman who did not take interest in the household affairs and personal comforts of the appellant. She was said to be having her own male friends in her circle. At the time of marriage she was working as a Post Graduate Teacher in Northern East Railway Senior Secondary School, Gorakhpur. Despite the assurance given to the appellant that she will leave her job as she got another job as Post Graduate Teacher at Birla Balika Vidyapeeth, Pillani, she kept accommodation provided to her for a period of 21 months at Gorakhpur just to meet her male friends periodically. It was on account of persuasion of the appellant that she resigned her job in the month of January, 1995 but she retained Govt. Accommodation till the month of March,1996.

(3.) IT was the case set up by the appellant that when the parties were residing at Guwahati they were advised by the doctor to be careful regarding direct physical sexual contact it being risky as the respondent had some internal infection problem. On account of this, the appellant started using contraceptives at the time of intercourse. On 24.11.1998 the appellant received a telephone call from the respondent stating that she had become pregnant. The appellant asked her the name of the person from whom she conceived pregnancy. It was the case of the appellant that the respondent conceived pregnancy with physical contact with another person from her male friendly circle. The respondent, however, refused to disclose the secret and she got aborted in the month of January, 1999. The respondent was asked by the appellant to keep a piece of flesh of child for DNA test for expert opinion regarding the character of the respondent. It was the case of the appellant that the respondent developed extra marital relations with other persons from her male friendly circle. On 9.3.1999 the respondent came to the house of the appellant at Chandigarh where she entered the house by breaking open the lock, and removed medical papers concerning her.