SHASHI KUMAR Vs. NEELAM

JUDGEMENT

(1.) This appeal has been filed by the husband against the judgment and decree of the learned District Judge dismissing his petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act'), seeking dissolution of the marriage on the grounds of cruelty.

(2.) The Appellant, who is serving in the C.R.P.F., pleaded that the Respondent-wife has subjected him to physical and mental cruelty. The acts attributed to her were; (a) that she did not permit the Appellant to consummate the marriage and any attempt made by him was resisted by her violently and ended up with her abusing him; (b) that she abused, insulted and humiliated him and his family members without any provocation. In these circumstances, the Appellant pleaded that he was entitled to a decree for dissolution of the marriage.

(3.) The Appellant pleads that the marriage between the parties was solemnized on 5-3-2002 at village Ichhi, Tahsil and District Kangra. After the marriage, the Respondent started behaving in a manner unbecoming of a wife and she refused to discharge her conjugal duties. She would not allow him to touch her and any attempt(s) on his part are resisted violently. The parties did not cohabit as husband and wife and despite best attempt of the Appellant she did not live with him as his wife. He pleads that after his marriage, when he tried to consummate the marriage, he was told by the Respondent that the doctor had advised her not to cohabit for at least three months as she was not medically fit. After two months of the marriage; in June, 2002, the Appellant came on five days' leave from Gandhi Nagar, Gujarat, where he was serving and took the Respondent along with him to his place of posting. But, there also she did not mend her ways. When he tried to approach her, she warned him that incase he touched her, she would raise a hue and Cry and will commit suicide, and spare no effort to have the Appellant jailed. He was not allowed to share the common bed and at times she bolted the door from inside and the Appellant had to sleep outside the room: On one occasion she even kicked him out of the bed. When he brought her back from Gandhi Nagar, Gujarat, they reached at Kangra Railway Station, the Respondent compelled the Appellant not to go to their matrimonial home but insisted to go to Ichhi, that is, the permanent residence of the in-laws of Appellant. They stayed there for five days and during this period also they were sleeping in different rooms, During December, 2002 when the Appellant came to his house on five-days' casual leave, he again asked the Respondent to share a common room and bed with him, but this attempt was also resisted by her when she created a scene in the middle of the night and asked him to sleep with his mother. In January, 2003, the Appellant pleads that he came home on one month's leave, but again the same behaviour was repeated. On one occasion, when the family members of the Appellant tried to intervene, she raised a hue and cry, abused the Appellant and his mother in the filthiest language and pushed his mother, as a result of which she fell down. The Respondent would never assist in any household works, chores, cooked food for the family and abused him by calling him a "Pulsia-Gadha" (used as a pejorative) who is unfit even to tend to her footwear. This is the gist of the pleadings. These allegations have been denied by the Respondent.