SHYAM LATA Vs. SUBHASH CHAND

JUDGEMENT

(1.) THE respondent wife is in appeal against the judgment, decree dated 28.3.2001, passed by the learned Additional District Judge (I), Kangra at Dharamshala in HMA No. 107/D/97, whereby the learned Additional District Judge has dissolved the marriage of the parties by a decree of divorce. For convenience, the parties are referred in the same manner as in the Court below.

(2.) THE facts in brief are that a divorce petition, under Section 13 of the Hindu Marriage Act, 1955 (for short, the Act), was filed by the petitioner husband against the wife on the grounds of cruelty and desertion. It is the case of the husband that marriage between the parties took place on 8.12.1989 and thereafter they lived as husband and wife till April, 1991, but no child was born from the wedlock. The respondent wife soon after the marriage started quarreling with the petitioner and his mother on the ground that she would not live in the joint family of the petitioner. On 7.4.1991, mother of the respondent, came to the house of the petitioner with respondent and started abusing the petitioner and his mother and asked them to provide separate residence to the respondent. Thereafter respondent started levelling false, baseless and motivated allegations against the character of the petitioner that he is having illicit relations with one Smt. Gurdas Kaur and he has solemnized marriage with her. She made a false complaint to the Deputy Commissioner, Kangra, under whom the petitioner is serving. On the basis of that complaint, inquiry was conducted by the Deputy Commissioner and the petitioner was asked vide letter, dated 30.7.1993, to submit that he has not contracted second marriage.

(3.) THE respondent contested the petition by filing a reply and she took preliminary objections of estoppel and maintainability of the petition. On merits, she has denied the case of the petitioner. It has been denied that respondent quarreled with the petitioner or his mother. It has been alleged that she had never shown her desire to live separately from joint family. The mother of the respondent never visited the petitioner on 7.4.1991. Therefore, there is no question of abusing petitioner and his mother by the mother of the respondent on that date. It has been denied that respondent levelled allegations of illicit relations of petitioner with Smt. Gurdas Kaur. The inquiry conducted by the Deputy Commissioner has been denied. It has been denied that respondent has kept a male child, on the contrary it has been pleaded that petitioner of his own had taken a child from a distant relation of respondent in the year 1991. The petitioner himself got the entries made in Gram Panchayat, Mant, showing him as father of the child. The respondent stayed in the matrimonial home from January, 1992 to January, 1993, but thereafter petitioner turned her out from the matrimonial home after giving her beatings. The respondent is serving in H.P.KVV, Palampur. The petitioner himself told the respondent that he had relations with Smt. Gurdas Kaur and had children from her. He even handed over a letter written by Navneet Verma addressed to the petitioner, in which petitioner was addressed as father of Navneet Verma. He also handed over a new year card to respondent, which was sent by Navneet Verma to the petitioner. The petitioner has been doubting the character of the respondent. The petitioner and his mother used to level false allegations against the respondent of having illicit relations. The respondent was turned out by petitioner and his mother from matrimonial home on 8.4.1991. In these circumstances, the respondent has no alternative but to take shelter in the house of her parents.