SUNIL DUTT SHARMA Vs. SANGEETA SHARMA

JUDGEMENT

(1.) THIS appeal has been instituted against Judgment dated 11.7.2007 rendered by learned Additional District Judge, Fast Track Court, Kangra at Dharamshala, Himachal Pradesh in HMP No. 18 -P/04/01.

(2.) "Key facts" necessary for the adjudication of the present appeal are marriage between the parties was solemnised on 19.10.1994 at Amritsar, Punjab. Parties lived together at Dharamshala and Thakurdwara District Kangra after marriage. A daughter was born on 11.6.1996. Parties lived happily at Dharamshala till 24.12.1996 lastly at Thakurdwara at Kangra. Respondent joined government service as a teacher in Government High School Ghar, Tehsil Palampur at 19.8.1996. Appellant was posted in State Bank of Patiala Dharamshala since 19.6.1995. Respondent started insisting the appellant to get himself transferred to Amritsar so that parents of the respondent could be looked after. He showed his reluctance. She threatened to commit suicide in order to get her request conceded to. She also wrote a letter dated 15.10.1995. Respondent started leveling false allegations against the appellant that he and his family members were demanding dowry from the respondent. Appellant, in order to bring the child and the respondent, went to Amritsar on 5.1.1997. Respondent refused to accompany the appellant. Till 24.12.1996, respondent and her parents have never complained of the ill -treatment of the respondent. He again went to Amritsar on 15.4.1997. He came to know that respondent got herself aborted. Respondent filed a complaint dated 30.8.1997 to the Senior Superintendent of Police, Kangra at Dharamshala. Complaint was also referred to Chief General Manager, State Bank of Patiala. She also filed a false complaint against him, his parents and his sisters under Section 406, 498A IPC in the Court of Chief Judicial Magistrate, Amritsar. Matter was got transferred from Amritsar to Gurdaspur. Summoning orders of few of accused were also quashed by Punjab & Haryana High Court. Appellant was maligned by the respondent. Police used to call him to the police station. Respondent was transferred to Government High School Aund, Tehsil Nurpur in 1998. He remained under Depression. Respondent has deserted the appellant for more than 2 years before filing the petition without reasonable cause. Petition was contested by the respondent. According to the averments made in the reply, appellant has earlier filed a petition for divorce under Section 13 of the Hindu Marriage Act on 18.3.1998. It was decided on 11.12.2000. It was specifically averred that neither respondent nor her parents were desirous of the appellant getting himself transferred to Amritsar. The appellant has never come to the respondent's house at Amritsar on 5.1.1997. She never refused to accompany him. It is also denied that appellant visited the house of the respondent on 15.4.1997. Complaint to the Superintendent of Police was based on true facts. Complaint filed before Chief Judicial Magistrate was pending. She has never deserted the appellant. Rather it was appellant who has deserted the respondent. Appellant filed rejoinder to the petition.

(3.) MR . Neeraj Gupta, Advocate, has vehemently argued that his client was subjected to physical and mental cruelty by the respondent. He further contended that the respondent has deserted the appellant without any sufficient cause.