RAJESH KUMAR Vs. USHA

JUDGEMENT

(1.) The instant appeal has been preferred by the husband Rajesh Kumar impugning the judgment and decree dated 20.04.2015 passed by Addl. District Judge, Chandigarh whereby the petition filed by the appellant-husband under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act') was dismissed.

(2.) Few facts necessary for adjudication of the instant appeal as pleaded in the petition filed by the appellant-husband before the learned Court below may be noticed. Marriage between the parties was solemnized on 11.05.2004 at village Matha Rampur, District Sultanpur (UP) as per Hindu rites and ceremonies. After marriage, they lived together as husband and wife at Chandigarh. The marriage was consummated and a daughter was born out of the said wedlock on 05.09.2008 at Chandigarh. As per the appellant-husband, right from the beginning of their marriage the behaviour of the respondent-wife was extremely cruel and rude towards him and his family; she did not even know basic cooking and many a times, the appellant-husband had to leave for his work without even taking his breakfast. It was also alleged that the respondent-wife was very attached to her parents and did not like anybody coming to their house except for her own parents. From a diary maintained by the respondent-wife, he learnt that she was in an adulterous relationship with one Kushal. The respondent-wife made numerous false complaints against him and his family before the Women's Cell, wherein on one occasion on 23.06.2008 a compromise too had been effected between them. However, the respondent-wife failed to abide by the compromise; in March 2009 another false complaint was made in the Women's Cell and yet again a compromise was arrived at between the parties in pursuance to which the respondent-wife joined the company of the appellant-husband on 10.04.2009. He made earnest efforts to adjust with the respondent-wife and keep her happy but in vain. However, the respondent-wife left the house of the appellant-husband soon thereafter on 21.04.2009 without even informing him for which the appellant-husband lodged a complaint with the Inspector General of Police, UT, Chandigarh. The appellant-husband thus, sought dissolution of his marriage with the respondent-wife as he had been subjected to both mental and physical cruelty, making it impossible for him to live with her.

(3.) Per contra, the respondent-wife while filing her written statement before the Court below, refuted and categorically denied the allegations of the appellant-husband. She submitted that in fact, it was the appellant-husband himself, who had not stood by the commitments made before the Court as well as other authorities and had not even turned up to take her back to the matrimonial home from her parental house after the compromise was arrived at, between them. The respondent-wife submitted that the appellant-husband was unhappy with the dowry which had been given to her at the time of their marriage for which she would be frequently harassed and pressurized by the appellant-husband and his family to bring more dowry. She further alleged that she was not only physically assaulted by the appellant-husband and his family but was also made to starve many a times. So much so, ever since the birth of their daughter the behaviour of the appellant-husband and his family had worsened towards her; the appellant-husband did not even come to see the baby girl after her birth and had chosen to leave the child and the respondent-wife with her parents. The father of the respondent-wife made efforts to persuade the appellanthusband to keep the respondent-wife but it met with no success as he himself turned her out along with their daughter, out of the matrimonial home. It was in this factual background that the parents of the respondentwife were left with no other option but to bring her back to her parental home where she has been residing ever since then with her daughter. She categorically denied the allegations of the appellant-husband that she was leading an adulterous life. She submitted that she was still ready and willing to reside with the appellant-husband.