KIRAN MANDAL Vs. MOHINI MANDAL

JUDGEMENT

(1.) This Letters Patent Appeal, under Cl.10 of the Letters Patent, is directed against the judgment of the learned single Judge who on appeal reversed the judgment of the trial Judge and dismissed the application filed by the husband for the dissolution of the marriage under S.13 of the Hindu Marriage Act.

(2.) Facts first : - The appellant-husband sought divorce on the ground that the respondent-wife had been nagging him in the presence of his friends and relations and would use, in the process, a language of insult and abuse. The Mundan ceremony of his brother's son was performed at Ludhiana. The wife instead of joining the ceremony left for Bombay and her non-participation in the function caused embarrassment to him. In Jan., 1980 when his sister was wedded, the wife refused to spare her bed room for the sister and her bridegroom even for a night when she was requested to do so by the husband's parents as well as by the husband. In Oct., 1980, the mother of the husband fell ill and the wife did not even enquire about her health. In Nov., 1980, the brother of the husband who was earlier working at Sonepat took up an assignment in Dubai. His wife and his children came to live with the parents of the husband at Ludhiana. This triggered jealousy in the mind of the wife who picked up quarrels not only with the appellant, but also with the sister-in-law insinuating that they had illicit relations. This incident distressed his parents so much that his father was taken ill of gastric ulcer and his mother of hypertension.

(3.) The wife denied all the material allegations made against her and claimed that in fact she was treated with cruelty by the husband and her parents particularly by his father. She was beaten up and expelled from the matrimonial home by the husband in wearing apparels. She alleged that when a sum of Rs. 500/- was received from her bridal house an the occasion of the first Karwa Chauth after marriage, it was treated with contempt by her father-in-law; that the husband got addicted to liquor and would come home late and would beat her. She said that on one occasion she was beaten by the husband and his parents and she had to take shelter at the house of her relation, Shri Sat Brat Mohindra. She said that at her matrimonial house her requests for new clothes and ornaments were declined. She said that on the occasion of the marriage of her husband's sister, she declined to join a family photograph because she was not properly dressed and that this was taken as insult and disobedience. She pleaded that the treatment given to her by her husband was such as it caused a reasonable apprehension in her mind that it would be injurious and harmful for her to live with him. She denied that the parties had last resided at Ludhiana and claimed that this Court had no jurisdiction to try the petition.