ANITA Vs. NIRMAL VERMA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 17.3.2006 rendered by the Additional District Judge (Presiding Officer Fast Track Court), Solan in Case No. 21FT/3 of 2005/2004.

(2.) "Key facts" necessary for the adjudication of this appeal are that the respondent has filed a petition under section 13 of the Hindu Marriage Act for dissolution of marriage by a decree of divorce against the appellant. Marriage between the parties was solemnized in the month of May, 1981. In the month of Shravan, appellant left her matrimonial home for staying with her parents. However, the appellant did not return despite many efforts and requests made by the respondent. She refused to join his company. He filed petition under section 9 of the Hindu Marriage Act bearing Petition No. 13 -S/3 of 1982. Appellant gave a statement in the court of learned District Judge Solan on 23.2.1983 that she was ready and willing to join his society. In view of this, petition was dismissed. However, appellant failed to join his company. His family members also went to bring her back but to no avail. In the month of April/May, 1985, appellant made a conditional offer to join his society. They resided in Shimla upto July, 1988. She again left in the month of August, 1988. His relations made various efforts to resolve the matter. Appellant filed two successive petitions under section 125 of the Code of Criminal Procedure. He also filed a petition for custody of children in the court of District Judge, Solan bearing No. 2 -A/2 of 1991. They both started living in Shimla. However, in the month of July, 1996, his mother was taken from their village to Shila for medical treatment. He left appellant at village Manol. She stayed there for 8 -10 days and thereafter she came to Shimla. Thereafter, she lodged a false complainant against him and his mother for offence under sections 498 -A, 323 and 506/34 of the Indian Penal Code. He and his mother were acquitted vide judgment dated 31.1.2002. These acts of appellant amounted to cruelty. Appellant also made false allegations against him in the society. His mental and physical health was affected. She used to misbehave with him in front of his friends. She also used to say that he and his family members were greedy. She has also levelled allegations of illicit relations with lady, named Champa Devi.

(3.) ISSUES were framed by the District Judge, Solan. He allowed the petition on 17.3.2006. Hence, the present appeal.