SUDESH VERMA Vs. ACHHAR KUMAR VERMA

JUDGEMENT

(1.) This is an appeal by the wife against the order of Senior Sub -Judge, Simla granting divorce to the husband.

(2.) The wife belongs to Solan whereas the husband is resident of Simla. They were married on 29th May, 1970 at Solan. Soon after the marriage disputes broke out between the parties. The husband is the only son of his parents but he decided, at the insistence of his wife, to hire a separate house. The parties thereafter shifted to a house in Chakkar and then to a house in Chhota Simla. The bickerings continued. According to the husband the wife would abuse him and kick him with shoes. The husband goes on to allege that the wife asked him to resign his job in Simla and go to Solan to live with her. The husband having refused to accede to such a request was threatened with dire consequences. He was invited to Solan to attend the marriage of the wifes sister which took place on the night intervening 10th and 11th July, 1973. It is alleged that early morning on 11th July, 1973 he was given a beating by his father -in -law and three brothers -in -law at the instigation of the wife. Thereafter the parties never resided together. The husband filed a petition under section 10 of the Hindu Marriage Act for judicial separation on the ground of cruelty in February, 1974. During the pendency of the proceedings Hindu Marriage Act was amended by the Marriage Laws (Amendment) Act, 1976. The petition, therefore, was converted into one of divorce.

(3.) The wife denies the allegations. She says that her in -laws were not satisfied with the dowry brought by her. They used to taunt her, call her names and abuse her parents. She used to hear all the humiliation silently. In order to compensate for the dowry she was compelled to seek a job. The husband was responsible for getting her a job in the Municipal Corporation Simla. She alleges that in the month of March, 1971, when she was in an advanced stage of pregnancy, she was given a beating and forced to leave for her parents house at Solan. It was there that she delivered a male child. Since she was absent from her office, her services were terminated. It was in the month of October, 1971 that some relations intervened and the husband agreed to treat her well. She, therefore, returned to the matrimonial home and started living with her husband. She noticed that the attitude of the family members of the husband did not materially change. The husband got her employed afresh in Taxation Department of Municipal Corporation Simla. He also arranged a separate accommodation first at Chakkar, and thereafter at Victoria Cottage, Chhota Simla. For sometime they lived in peace but later on the attitude of the husband changed. He started maltreating her. In the month of March, 1973 he walked out of the house threatening not to return, and went to live with his parents. He wrote a letter to the landlord that he will be vacating the premises on 8th April, 1973 and so the latter should take possession of the house. The wife paid the rent for one month to avoid vacating the premises. The wife had to invite her brothers wife for her company after the petitioner left the house. However, she left this house and went back to Solan to live with her parents in April, 1973. At the intervention of relations she came back to live in the matrimonial home at Chhota Simla after sometime.