JYOTSNA Vs. DESH RAJ

JUDGEMENT

(1.) THIS appeal under Section 28 of the Hindu Marriage Act is directed against the judgment of the learned District Judge, Mandi in HMA petition No.18 of 1998 decided on 5.8.2000 whereby he has granted a decree for dissolution of the marriage by divorce in favour of the husband.

(2.) THE brief facts necessary for decision of the case are that the parties were married on 17.7.1995 at Mandi. One daughter Anamika was born out of the wedlock on 16.5.1996. In the petition, it was alleged that after the marriage, the wife behaved in a proper manner for a period of three months and thereafter without any rhyme and reason, she started picking quarrels with her husband and her in laws. She also started leaving the marital home without giving information and without the consent of her husband and used to return late in the night. She was requested by her husband to mend her ways. According to the husband, in January, 1996, the wife asked him to get the house in which they were residing and which was in the name of his father transferred to his name. She also wanted him to get the ancestral property transferred in his name. It is alleged that the wife used to use inflammatory and derogatory language towards the husband and other members of his family. The husband is a lawyer and he had just started practice. According to him, due to the behaviour of his wife, he could not attend to his profession properly and at a time when he was not earning much, his wife, wanted him to spend lavishly much beyond his means. In addition to the general allegations, there were some specific allegations also. It was also alleged that in March, 1997, the respondent-wife in the presence of the husband picked up a quarrel with his father. She is alleged to have used foul language against his father and spat on his face. Thereafter, she left the house. In May, 1997, the husband asked the wife to come back to his house and to live properly. She came back and lived for about 15 days but then left her matrimonial home along with her ornaments, clothes etc. It is alleged that even thereafter, the wife defamed, harassed and humiliated the husband-petitioner before his clients, colleagues and general public even in the Court premises. She is alleged to have used abusive language against him and levelled absolutely false allegations against him. It is also alleged that on 8.6.1998, the wife came to the Court complex along with her minor daughter Anamika who was running a high fever. She threw the ailing child on the table of the petitioner and left the court complex leaving the child with the father. On 22.6.1998, the wife along with her father is alleged to have gone to the native village of the husband and abused him and his parents. Thereafter they allegedly gave beatings to the mother and snatched the child who was living with them and took her away. When the husband tried to intervene, the wife also beat him and abused him. On the basis of these allegations, the divorce was sought on the grounds of cruelty and desertion.

(3.) BOTH the parties led evidence. The husband examined himself and 13 other witnesses. On the basis of the evidence led, the learned trial Court decided issue No.1 with regard to cruelty in favour of the petitioner-husband and allowed his petition and the marriage between the parties was dissolved. This appeal has been fled by the wife.