COL PAWAN KUMAR SHARMA Vs. BHAVNA SHARMA

JUDGEMENT

(1.) The instant appeal stands directed against the judgment rendered by the learned Additional District Judge, Fast Track Court, Chamba, Himachal Pradesh, on 14.07.2009 in H.M.A. Petition No. 27 of 2008, whereby it refused the according qua the petitioner, a decree for dissolution of his marital ties with the respondent.

(2.) The petitioner/appellant herein standing aggrieved by the rendition of the learned Additional District Judge, hence concerts to reverse it by preferring an appeal therefrom before this Court.

(3.) The brief facts of the case are that the petitioner claimed the respondent to be his legally wedded wife. Out of their wedlock two female children have born in the years 1986 and 1990 respectively and they are living with the respondent. It is averred that the petitioner was captain in Indian Army and the respondent was a regular Govt. servant in Education department at the time of her marriage. When he was posted in Hussainiwala Border in Firozpur in "operational Trident" and the family was not allowed to be kept there due to which, the respondent started living with her mother and occasionally visited his house. He provided each and every necessities of life to the respondent but she was not at all interested in him. Whenever, he used to come to Chamba on holidays, the respondent used to go to her parents' house on the same day or some times one day prior to his coming at Chamba and thus due to her this act, he had to stay alone at his own house during the holidays and only on his repeated requests she used to come back to the matrimonial house but that too not for more than two days. The petitioner has further pleaded and claimed that the second child was born in the year 1990 and after her birth, the respondent without any reasonable cause and without his consent left the matrimonial house and started living with her mother. However, the petitioner and his mother tried to bring her back and convince her that she should live in her matrimonial house. It is averred that in May, 1996, his nephew Chandan Koushik expired in an accident due to which the people from the locality and society used to come to his house to condole but she used to watch TV in her bedroom and did not participate in the mourning. The matter was reported to her mother but on next day, her brother came to his house and took all her belongings without his consent and she also left the matrimonial house without any reasonable cause and his consent. Since then she has failed to join his company and completely deserted him, although, he and his family members tried to reconcile the matter. It is further averred that his other nephews died in the years 1999 and 2001 but the respondent or her family members did not come to his house. On 15.9.2006 his mother also died but nobody from the respondent's house came to his house. It is further claimed that in the year 2003, on his persuasion, a meeting with the respondent was organized through one Shri Chaman Sharma for conciliation of the matter but in vain. It is averred that he has retired from the Indian Army on 1.2.2002 as Colonel and undergone mental pain and suffering due to the acts of the respondent, who has failed to join his company since 1996 and as such, the marriage has broken down irreparably. Hence, he sought decree for divorce for dissolution of his marital ties with the respondent.