RATTI RAM SHARMA Vs. SATYA DEVI

JUDGEMENT

(1.) This appeal has been instituted against Judgment dated 1.10.2015 rendered by the learned District Judge (Forests), Shimla, HP in HMA Petition No. 17 -S/3 of 2013.

(2.) "Key facts" necessary for the adjudication of the present appeal are that the marriage between the parties was solemnised on 8.7.1992 according to Hindu rites and customs at Gopal Mandir, Boileauganj, Shimla. Appellant is working in the HP Secretariat and the respondent is working as a Junior Basic Trained Teacher in the Department of Elementary Education at Government Primary School, Kelti, Mashobra Block, District Shimla. From the wedlock of the appellant and respondent, two children were born, one son and one daughter. Daughter was 18 years of age and son was 14 years of age. In the year 1995, respondent brought her two brothers and five sisters to live with the appellant and completely devoted herself to their education, upbringing and other responsibilities towards them and she started completely shirking from her matrimonial duties and consistently avoided to look after her children and she refused to perform any of the matrimonial duties towards her children. She even stopped preparing food for her husband and children. From the year 2000, respondent completely stopped fulfilling her conjugal duties and obligations towards the appellant as his wife. Respondent even called appellant a dog and a pig and used to tell him that he was no longer her husband and she used to spit on him in the presence of his friends. On 5.9.2005, respondent left the matrimonial house and started living separately at K.L. Sood Niwas, Mashobra and since then there is no contact between the appellant and the respondent. The appellant was forced to file a divorce petition against the respondent, which was contested by the respondent. Respondent made false promise and misguided the appellant that she will mend her ways but she again continued with her cruelty and desertion by insulting the appellant repeatedly in the presence of relatives and friends.

(3.) Petition was contested by the respondent. Respondent has admitted the factum of marriage. According to her, divorce petition instituted by the appellant against her was dismissed on 23.4.2008. She is pursuing JBT training. Relations between the parties were cordial. Appellant used to insist upon giving her entire salary to him. Daughter was pursuing studies in B.A. 1st Year in St. Bedes College and the son was studying in 9th Standard at Kendriya Vidyalaya Jakhoo. Appellant forced her to abort the pregnancy from a private medical practitioner at Solan. They resided together at Village Malyana till 1997. Then they shifted to Dhobighat, Shimla and started living there in tenanted premises belonging to one Daya Ram. Thereafter, government accommodation was allotted in favour of the appellant and they started living there. She has been looking after the children properly. She was given beatings by the appellant. In the month of September 2005, he levelled false and frivolous allegations against her and she was thrown out of the house. She never called her husband dog or pig. She never uttered that appellant was not her husband. She never spat on him.