ANURAG SHARMA Vs. PRATIBHA SHARMA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 11.3.2014, rendered by the learned District Judge, Kullu, in HMP No. 19 of 2011 (23 of 2012) 499 of 2013.

(2.) KEY facts, necessary for the adjudication of this appeal are that the appellant -petitioner (hereinafter referred to as the appellant) has filed the petition under Section 13(1)(i)& 13(1)(i -a) of the Hindu marriage Act, 1955 for dissolution of marriage by decree of divorce against the respondent. According to the appellant, the marriage between the appellant and the respondent was solemnized on 3.6.2010 at Sauli Khad, Mandi, H.P., according to Hindu rites, customs and ceremonies. The appellant was posted as Labour Officer at Bilaspur till 5.11.2010. Thereafter, he was transferred to Kullu. The marriage was arranged by the parents, Uncle and Aunt of the appellant. The appellant was disowned by his father from his movable and immovable property on 26.7.2005 by publishing a notice in the newspaper in Hindi Daily 'Dainik Bhaskar'. The appellant told the respondent not to have any contact with his father, however, despite this, the respondent visited the father of the appellant. Once, the father of the appellant had come to Bilaspur and had stayed there for three days, the appellant raised objection. The respondent took side with the father of the appellant. The respondent used to talk with the father of the appellant on telephone ignoring the warning of the appellant. In the month of August, 2010, the respondent insisted to go to Shimla to meet his father. The appellant never gave consent to the respondent. However, respondent did not pay any heed and went to Shimla. The respondent stayed with the father of the appellant for a week and he offered her costly gifts. The respondent used to call him "Soordass, divorcee and outdated person". He even demanded pornographic films and beer to drink from the appellant. He joined in the month of November, 2010 as Labour Officer at Kullu. The respondent instead of coming to Kullu went to Shimla without informing him. On 19/20.5.2011, the appellant had to attend the training camp at HIPA, Shimla and at that time the respondent asked the appellant that she also wants to accompany the appellant to Shimla. The appellant booked a room in Hotel at Shimla. However, after reaching Shimla, the respondent refused to stay with the appellant in hotel and went to Vikas Nagar. The father of the appellant was residing at Vikas Nagar. The appellant stayed in hotel all alone. On 21.5.2011, when he went to the house of his father to bring back the respondent, he saw the respondent and his father in a compromising position. The respondent was living in adultery. In the month of July, 2011, the respondent had insisted to go to Jaipur to meet her friend Kumar Gaurav. The appellant objected to it. The respondent left the company of the appellant and even attempted to commit suicide. On 28.8.2011, the appellant was staying at Hotel Sandhya Palace, District Kullu. In the morning his father and parents of the respondent, her sister and Uncle came to Hotel and used abusive language. They gave beatings to him. He contacted police and reached Police Station Bhunter. He filed a complaint in the Court of learned C.J.M., Kullu. On 23.8.2011 at 8:00 P.M., two persons at the instance of the respondent had threatened him with dire consequences. On 6.9.2011, after the filing of the complaint in the Court of learned C.J.M., Kullu, both the parties were called in the Chamber by the learned C.J.M., Kullu for amicable settlement. However, the behavior of the respondent did not change.

(3.) THE appellant filed the replication. The learned District Judge, Kullu dismissed the petition on 11.3.2014. Hence, this appeal.