POONAM VERMA Vs. SANJAY VERMA

JUDGEMENT

(1.) The instant appeal has been preferred by the wife - Poonam Verma to impugn the judgment and decree dated 27.03.2014 passed by Addl. District Judge, Chandigarh whereby petition filed by the respondent- husband under Section 13 (1) (i-a) (i-b) of the Hindu Marriage Act , 1955 (for short 'the Act') was allowed.

(2.) Few facts necessary for adjudication of the instant appeal as pleaded in the petition filed by the respondent-husband before the learned Court below may be noticed.

(3.) Marriage between the parties was solemnized on 07.12.1996 as per Hindu rites and ceremonies at Chandigarh. One son was born out of the said wedlock, who is presently residing with the mother. The respondent- husband averred that within few months of their marriage, the appellant- wife started subjecting the appellant-husband to harassment as she would often compel him to get himself transferred to Barwala so that he could reside separately from his parents. After the birth of their child in March 1999, the appellant-wife resided with her parents-in-law at Pinjore just for a few months and soon thereafter in January, 2000, she along with the minor child shifted to her parental home at Delhi. In June, 2000 father of the respondent-husband wrote a letter to the father of the appellant-wife asking him to send the appellant-wife to attend a family function(engagement ceremony), which was slated for 03.07.2000. This was followed by another letter on 30.06.2000 with the same request but the appellant-wife failed to come and attend the family function. Finally, when she returned after a while, the behaviour of the appellant-wife had worsened but the respondent- husband and his family turned a blind eye towards it. In July, 2000 when the respondent-husband met with an accident and suffered a head injury, the appellant-wife did not even bother to visit him nor did she ever accompany him during his visits to the PGI, Chandigarh where he was undergoing treatment for the injury suffered. Instead, in the month of March 2001, the appellant-wife created an ugly scene in the locality and it was only with the intervention of the mohalla president that the matter was settled. It was further pleaded that the appellant-wife visited the office of the appellant- husband number of times where she insulted and humiliated him in front of one and all, and went to the extent of filing a false complaint against the respondent-husband with the police at Pinjore. It was pleaded that due to the head injury suffered by the respondent-husband, the Medical Board, Panchkula declared the said injury as a chronic disease vide Certificate dated 24.08.2005. A certificate to the same effect was also issued by PGI, Chandigarh on 15.11.2006. Even though the appellant-wife was fully aware of the medical condition of the respondent-husband despite that she did not hesitate to lodge a false complaint against him, his parents and his minor sister before the Sr. Superintendent of Police, Chandigarh in February, 2007 just to harass and humiliate him. He and his family even had to face proceedings before the Women's Cell, Chandigarh. Thereafter, the matter was transferred to Women's Cell, Panchkula at the instance of the appellant- wife, which was subsequently dismissed on 20.11.2007. It was pleaded by the respondent-husband that the appellant-wife had left the matrimonial home in October, 2005 along with their minor child and all efforts made by him to reconcile the matter had proved futile. Despite his earnest efforts, he was not allowed to meet his minor child. He thus, prayed for dissolution of his marriage with appellant-wife on the grounds of cruelty and desertion.