MANITA VERMA Vs. ANANT RAM VERMA

JUDGEMENT

(1.) The learned District Judge granted a decree of divorce to the respondent-husband on his petition preferred against his wife under Section 13 of the Hindu Marriage Act, on twin grounds i.e. cruelty and desertion, which is under challenge in this appeal by the appellant-wife.

(2.) In short, the facts giving rise to the present appeal can be stated thus. The appellant herein was married to the respondent on 10.5.1978 in village Chayori, Tehsil Sundernagar, District Mandi, H.P., as per prevalent Hindu rites. Both lived together happily as and wife till June, 1992. Thereafter, it is alleged, the appellant-wife started leaving her matrimonial home, without his consent and her behaviour towards respondent became indifferent. She was uncooperative and became quarrelsome. She started insulting the respondent. She also served a notice to pay a sum of Rs. 2,000/- per month as maintenance on false allegations and filed the maintenance petition. The efforts were made to bring her back to the matrimonial home, which ultimately yielded some success and lived together till June, 1997. But the appellant in the month of July, 1997 tried to commit suicide by jumping into the river. She left his house and started living in the protected home at Mandi. She made a false report to the police against him and his parents, for allegedly committing the offence under Section 498-A and 506 of the Indian Penal Code. Thereafter, she filed execution petition for arrears of maintenance, to the tune of Rs. 56,000/-. According to her husband, it became quite impossible for him to live with her and also alleged desertion as she left his house without any rhyme and reason with an intention to permanently put an end to marital ties, thus sought divorce.

(3.) Appellant-wife resisted and contested the petition and denied the allegations of cruelty and desertion. In her reply, she alleged that the respondent-husband had kept another lady with whom he was having illicit relations. She also pleaded that her husband had misbehaved and became cruel to her. He started making false accusations against her. Although, she admitted having joined the protected home at Mandi and filing of a criminal case of cruelty and criminal intimidation and also regarding the recovery of arrears of maintenance and denied other allegations, but asserted that she was ousted from her matrimonial home without any rhyme and reason.