JATINDER KUMAR SAPRA Vs. ANUPMA SAPRA

JUDGEMENT

(1.) The instant appeal has been filed against the impugned judgment and decree dated 09.12.2004, passed by the Ld. Addl. Distirct Judge (Ad-hoc), Faridabad (hereinafter referred to as the 'Ld. Court below'), whereby, the petition filed by the appellant-husband under Section 13-1 (1-a) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') was dismissed.

(2.) A few facts necessary for adjudication of the case, as narrated in the petition filed by the appellant-husband before the Ld. Court below, may be noticed. The marriage between the parties was solemnized on 14th October, 1991, as per Hindu rites and customs at Faridabad. Out of the said wedlock two sons were born. The appellant-husband alleged that the respondent-wife always remained under the influence of her mother, who would unnecessarily and continuously interfere in their married life to the extent that at the behest of her mother, the respondent-wife would not even let the appellant-husband give any financial help to his parents. The respondent-wife would frequently pick up quarrels and would not even hesitate to use abusive and foul language against him and his parents in the presence of their children. The parents of the respondent-wife shifted to Noida in the year 1996 and she, thereafter, started pressurizing the appellant-husband to shift to Delhi or Noida after leaving his job at Hyderabad. Since the appellant-husband was reluctant to do that, the behaviour of the respondent-wife worsened leading to frequent fights between them, which had a bad effect on the children. In February, 2000, the appellant-husband got a job in USA and moved there. The appellant-husband requested the respondent-wife to stay with his parents till such time, she joined him in USA but she refused, and chose to stay with her parents. On reaching USA, her behaviour continued to be the same and just after 9 months, she along with their children and valuables etc. returned to India on 16.01.2002 without the consent of the appellant-husband. The respondent-wife did not let the children meet the appellant-husband when he came to India in January, 2003. Rather, the respondent-wife demanded a huge amount of money every month from the appellant-husband. The appellant-husband made earnest efforts to salvage the marriage. In September, 2003, he sought the intervention of the respondent-wife's parents but they threatened to get him and his family implicated in criminal cases. Left with no other alternative, the appellant-husband sought for dissolution of his marriage with the respondent-wife by filing the petition under Section 13-1 (1-a) of the Act.

(3.) During the proceedings before the Ld. Court below, the respondent-wife was proceeded against ex-parte. In support of his contentions, the appellant-husband examined his father as PW-1 and himself stepped into the witness box as PW-2.