KAVITA AGWANI Vs. DAVINDER KUMAR

JUDGEMENT

(1.) Instant appeal has been preferred by the wife Kavita Agwani, against the judgment and decree dated 01st April, 2017, passed by the Ld. Addl. District Judge, Hoshiarpur, (in short 'Ld. Court below'), vide which the petition filed by the respondent-husband/Davinder Kumar, under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act'), seeking dissolution of his marriage with the respondent-wife, was allowed.

(2.) A few facts necessary for adjudication of the case, as pleaded in the petition filed by the respondent-husband (petitioner therein) before the Ld. Court below, may be noticed. The marriage between the parties was solemnized on 27th November, 2004. The behaviour of the wife remained cordial for just about eight months after the wedding and thereafter, she would often quarrel with the husband and his family on trivial issues. She would pressurize the husband to take up a separate residence and when the husband refused to succumb to her pressure, she started maltreating and insulting him and his parents in front of one and all. The birth of their daughter in the year 2005 also did not help matters, as she continued to insist upon, for a separate accommodation. She would use derogatory and unparliamentary language against his parents including character assassination of the husband's mother. The wife got a job in the Education Department in the year 2007. She without even informing the husband took up a rented accommodation at her place of posting i.e. Rajpur Gujra. In 2008, the husband got himself transferred to Chabbewal, so that the couple could live together in their matrimonial home. The husband managed to prevail upon the wife to return to the matrimonial home in the year 2009, but her behaviour continued to be the same as before. There were no conjugal relations between the parties from 2010 onwards. In March, 2013, the wife left her matrimonial home and started residing at Garshankar, refusing to return to her matrimonial home despite earnest efforts by the husband. She took along with her, their daughter, who was then left by her at her parental home at Ferozepur. At Garshankar, she started residing in the house of one Kulwinder @ Kinda for which even Panchayat was got convened, but the wife refused to mend her ways and join the society of the husband. It was in these circumstances, the husband sought dissolution of his marriage with the wife on the grounds of 'desertion' and 'cruelty'.

(3.) Per contra, in the written statement filed before the Ld. Court below, the wife categorically refuted and denied all the allegations made by the husband in his petition. She submitted that her husband and his family had been maltreating and subjecting her to both mental and physical torture in the matrimonial home. Even though, she exercised a lot of patience and tolerance, hoping that better sense would prevail upon the husband and his family, their behaviour, however, worsened by the day. In March, 2013, the husband and his parents after picking up a quarrel, turned her out from the matrimonial home along with their minor daughter. All efforts by the appellant-wife and her family to bring about a reconciliation proved futile. In September, 2013, a Panchayat was convened, pursuant to which the appellant-wife was rehabilitated in her matrimonial home. However, on the same day, she was physically assaulted by the husband and his family and thrown out of her matrimonial home with their minor daughter. It was only thereafter, she started residing at Garshankar with her daughter, as it was close to her place of posting. After a few months, the husband took away the minor daughter, for which, she filed a separate case under the Guardian and Wards Act before the Court below. Thus, in the given facts and circumstances, it was submitted that the husband was not entitled to decree of divorce and she accordingly prayed for dismissal of the his petition.