KAPIL SHARMA Vs. BABITA SHARMA

JUDGEMENT

(1.) This appeal has been instituted against Judgment dated 20.10.2008 rendered by learned Additional District Judge, Fast Track Court, Chamba, District Chamba, Himachal Pradesh in HMA No. 20/08/07.

(2.) "Key facts" necessary for the adjudication of the present appeal are that the appellant -petitioner (hereinafter referred to as 'appellant'' for convenience sake) filed a petition under Sec. 13 of the Hindu Marriage Act against the respondent for dissolution of marriage on the grounds of cruelty and desertion. Marriage between the parties was solemnised on 9.8.2002 according to the Hindu rites. Parties lived together as husband -wife. Respondent from the first day started compelling the appellant to handover entire salary to her and to live separately from the parents of appellant. Appellant refused to do. Respondent started insulting and mis -behaving with him. Respondent, in order to create panic, had locked herself in the room and did not open the same despite repeated requests. She told the appellant to leave her at her parents' house. A case under Sec. 498 -A IPC was registered against the appellant and his family members for demanding a sum of Rs. 2.50 Lakh to purchase car. Complaint was filed after a period of one year. Appellant and his family members had to obtain anticipatory bail. Learned Chief Judicial Magistrate acquitted them on 25.11.2006. She has not allowed the appellant to perform sexual intercourse deliberately and intentionally just to cause mental torture to him. She remained indifferent towards him. Family members of the respondent did not inform him about the delivery. She used to pick up quarrels with him and his family members. Respondent is an M.A. and B.Ed., whereas appellant is simply a JBT Teacher. Father of the appellant was working as Peon, whereas, father of the respondent had retired as Superintendent from NHPC. She has deserted him without there being any reasonable cause for more than four years. He has not condoned the acts of cruelty and desertion committed by respondent.

(3.) Petition was contested by the respondent. She has not deserted the appellant. She has never treated the appellant with cruelty. Appellant and his family members started harassing her for bringing insufficient dowry. She has been deprived of food and clothing. Appellant used to beat her and used filthy language. Appellant left her at Bus Stand Kiyani in June 2003 and threatened her to arrange for a sum of Rs. 2.50 Lakh from her parents. He wanted to purchase a car. Appellant never visited her at the time of delivery.