JAYOTI KUMARI SHARMA Vs. SHASHI PAL

JUDGEMENT

(1.) The instant appeal stands directed against the pronouncement recorded by the learned District Judge, Shimla, on 07.06.2012 in H.M.A. Petition No. 23-S/3 of 2010, whereby, he dissolved the marital ties inter se the appellant herein with the respondent herein.

(2.) The brief facts of the case are that the respondent (hereinafter called as the petitioner) was married to the appellant (hereinafter called as the respondent) on 02.05.2005, according to the Hindu rites and ceremonies at in village Karen (Sundernagar-Mandi). Thereafter, parties lived as husband and wife. The petitioner had been working in Vidhan Sabha Secretariat. He stood allotted government accommodation, Set No.5, Metropole annexe. At the time of her marriage, the respondent had been working as staff nurse in Fortis Hospital, Mohali. The petitioner had got the respondent employed on contract and she stood posted in Civil Hospital, Jogindernagar in January, 2006. In may, 2006, the petitioner had got the respondent transferred to Shimla and she had started working in IGMC, Shimla. The petitioner has averred that the respondent had treated him with cruelty. The conduct of the respondent from very beginning had been nagging, dominating and far from satisfactory. The petitioner had been tolerating cruelty meted out to him with a view to carry on his marriage. The respondent had been picking up quarrel with the petitioner and his parents over petty matters. The parents of the petitioner had been suffering from various ailments requiring time-to-time medical check up. Hence, the parents of the petitioner had been residing with him. The respondent had opposed the residing of her father-in-law and mother-in-law with her. At occasions, the respondent had manhandled the petitioner. When asked to improve her conduct, the respondent had threatened to commit suicide. The petitioner had been compelled to report against the respondent to the local police on 10.11.2006. The respondent had been getting salary of Rs.13,500/- per month. As against this, the petitioner had been in receipt of salary of Rs.12,737/- per month. The petitioner had been contributing to GPF, GIS and his carry home salary had been Rs.5000/- per month. The respondent had been snatching salary of the petitioner and had not been contributing in any way for maintenance and upkeep of the household. The respondent had given birth to one male issue on 6.2.2008. It is averred that after some time of marriage, the respondent had developed intimacy with one Ajay Negi. It so happened that in the month of March, 2007, the petitioner had returned to his house earlier than his usual time and had found Sh. Ajay Negi present in his house. The petitioner had interrogated the respondent about the presence of a stranger with her. Instead of admitting her fault, the respondent had started quarrelling with the petitioner. In the month of April, 2007, the petitioner had left ofr his village, but could not board the bus and had returned to his house only to find Sh. Ajay Negi at his house at about 8.00 p.m. The respondent had ot been able to give any satisfactory explanation of presence of stranger with her. On 8.4.2007, the petitioner's mother had visited him in connection with her medical treatment. The respondent had picked up a quarrel with her mother-in-law. The ailmentof the petitioner's mother had got complicated and she required immediate medical aid. The petitioner had been compelled to take his mother to I.G.M.C. The respondent though employed in IGMC yet did not visit her mother-in-law and had started proclaiming her good health. On 3.9.2007, the respondent had picked up a quarreled with the petitioner. She had caused injury on the finger of the petitioner with blade. The respondent had reported crime under Sections 498-A, 323 IPC against the petitioner vide FIR No. 237/07, Police Station, Sadar. The petitioner had been arrested by the police on 4.9.2007 and had been released on bail on 5.9.2007. Parents of the petitioner had also been arrested in false case registered by the respondent. The petitioner avers that his marriage with the respondent had completely broken down. The respondent had treated the petitioner with cruelty and, hence the petition for dissolution of marriage.

(3.) The petition for divorce instituted by the petitioner herein before the learned District Judge, Shimla, stood contested by the respondent, by hers instituting a reply thereto, wherein, she controverted all the allegations constituted against her in the apposite petition. She has denied that she had ever treated the petitioner with cruelty. She has also denied that she was extremely violent in nature and has an errant behaviour. It is averred that the conduct of the respondent had not been nagging, dominating or in any way objectionable to the petitioner. The petitioner wanted to wriggle out of his marriage on false grounds. The respondent had given birth to one son out of her union with her husband on 6.2.2008. The petitioner had refused and neglected the maintenance of the respondent and her child. The respondent had been compelled to apply for maintenance for her son against the petitioner. The respondent had been treated with cruelty and she had rightly reported crime under Sections 498-A, 323 of the IPC against the petitioner tot he local police on 3.9.2007. The petitioner had been withdrawing from the society of the respondent without any rhyme and reason. He had been occasionally visiting his residence in Metropole annexe. The respondent had nothing to do with Ajay Negi. The petitioner was not entitled to dissolution of his marriage on the ground of cruelty.