CHAND PARKASH SHARMA Vs. KAUSHLYA DEVI

JUDGEMENT

(1.) THIS is the husband's appeal against the judgment of the learned District Judge, Solan, dismissing the petition filed by him under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) praying for divorce on the ground that the petitioner has been treated with cruelty and as such the marriage be annulled by a decree of divorce. The petition was resisted by the respondent on a number of grounds and she had expressed her willingness before the learned trial Court to live with the husband. She was asked to be present in this Court, and, she again expressed her desire to live with her husband. No reconciliation could be effected despite the best efforts made by me.

(2.) THIS is a rather unfortunate case where petition for divorce has been filed before the learned District Judge by the parties after a period of more than 21 years of marriage. The parties to this petition have one son who is now employed and happily settled in life The allegations of cruelty which have been leveled by the petitioner are that after the solemnisation of the marriage the parties were living a normal life for sometime. The respondent did not like staying in a joint family of the petitioner which consisted of his three younger brothers and two sisters. It was pleaded that the appellant being eldest in the family, was taking care of the other members of the family in accordance with the obligations imposed upon him by Hindu customs and usages. He pleaded that the respondent started finding faults with the members of his family and pressurizing the appellant to stay away from them in a separate residence. The appellant alleges that in order to maintain matrimonial peace, he did not protest, which was interpreted by the respondent as a sign of weakness and she continued with her acts/behaviour with belligerence. So much so, the respondent started treating the brothers of the petitioner with disrespect. It is also pleaded that respondent abstained from matrimonial sexual relations, starting quarreling on minor pretext(s) with regular frequency causing unbearable mental tension to the petitioner. Although efforts were made to patch up the matter but he remained unsuccessful in his endeavour. It is also pleaded that arrangements were made between the parties to live in peace in separate residence and for this purpose appellant was to provide Rs. 1,600 per month as maintenance in addition to separate living accommodation to her which he did.

(3.) THE learned District Judge, after consideration of the oral and documentary evidence held that the charges of cruelty were not established. It was not disputed before the Court below that the petitioner had after solemnisation of marriage improved his educational qualifications and was conferred a degree of Doctorate. The respondent had read only upto the middle standard. At the time of marriage, the petitioner was studying for his B.Com. degree. The Court held that the relationship between the parties had become skewed because of the disparity in their educational qualifications. On an appreciation of the entire evidence, it was concluded that it was the petitioner himself who was responsible for creating a situation resulting in tension in matrimonial relations and under no circumstances he could be allowed to take advantage/benefit of his own acts and pray for dissolution of the marriage on the grounds as pleaded.