GOPAL TANTA Vs. ANITA TANTA

JUDGEMENT

(1.) The present appeal is directed against the judgment and decree dtd. 18/10/2010, passed by the learned Additional District Judge, Fast Track Court, Shimla, HP, vide which the petition filed by the present appellant (petitioner before the learned Trial Court) was dismissed.(Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

(2.) Briefly stated, the facts giving rise to the present appeal are that the petitioner filed a petition under Sec. 13 of the Hindu Marriage Act, 1955, for seeking divorce on the grounds of desertion and cruelty. It was asserted that marriage between the parties was solemnized on 3/7/1998, according to the Hindu customs, religion and ceremonies at Village Lahroti, Tehsil Jubbal, District Shimla, H.P. One daughter Miss Monika was born to the parties. The respondent left her matrimonial home after three months of the marriage and went to the house of her parents. The petitioner sent his mother to the parental house of the respondent and requested her to resume the matrimonial ties. Respondent visited her matrimonial home and started residing with the petitioner. However, she again left the matrimonial home in January, 1999. The petitioner made many efforts to bring the respondent to her matrimonial home but these efforts were unsuccessful; rather respondent abused the petitioner and insulted him in the presence of her relatives. The respondent used to insult the petitioner by saying that he was not a fit match for her. She refused to attend the last rites of the grandmother of the petitioner, who died on 16/4/1999, despite being called by the petitioner. The petitioner took an accommodation on rent at Cemetery, Sanjauli, Shimla and brought her to Shimla; however, she resided there only for 1' months and started torturing the petitioner. The petitioner was not allowed to meet his newborn child and when he made the efforts, he was insulted by the respondent and her family members. These acts constitute cruelty to the petitioner. The respondent has deserted the company of the petitioner without any reasonable cause. Efforts made to bring her back failed. Hence, the petition was filed to seek the relief mentioned above.

(3.) The petition was opposed by the respondent by filing a reply taking preliminary objections regarding lack of maintainability, the petition being not filed as per the Hindu Marriage Act and Rules framed thereunder. The marriage between the parties was not disputed on merits. However, it was specifically denied that the respondent treated the petitioner with cruelty; rather it was asserted that he and his family members harassed the petitioner on trivial matters and she was compelled to leave her matrimonial home in January, 1999. The petitioner and his relatives did not visit the child when she was born and no expenses of delivering the child were borne by the Petitioner. The petitioner used to misbehave with the respondent and gave beatings to her under the influence of liquor. He even abused the relatives of the respondent. She was compelled to file a petition for the custody of the minor. She could not attend the funeral rites of the petitioner's grandmother because she was in the advanced stage of pregnancy and she delivered the child on 25/4/1999. The petition was filed without any basis. Hence, it was prayed that the same be dismissed.