KULDEEP KUMAR DOGRA Vs. MONIKA SHARMA

JUDGEMENT

(1.) This appeal has been preferred by the husband against the judgment and decree of the learned Additional District Judge, Fast Track Court, Hamirpur, dismissing his petition under Section 9 of the Hindu Marriage Act, 1955 (hereafter referred to as 'the Act').

(2.) It is pleaded by the appellant that he and the respondent had been married according to Hindu rites and ceremonies on 26-4-1993 in Hamirpur. They resided as husband and wife after the solemnization of marriage and had two male children Shubham Dogra and Praful Dogra, aged 9 and 7 years respectively on the date when the petition was instituted. The family initially lived in Hamirpur till they shifted to village Khas Gran. On 10-1-2004, the respondent wife left the matrimonial house without any reasonable excuse and started residing separately from the appellant. It was pleaded that she has willfully refused to cohabit with the appellant, perform her duties as a wife, the appellant was ready and willing to keep her but she has refused on more than one occasion to join his company.

(3.) The petition was resisted by the respondent on a number of grounds, primarily that the appellant had deliberately and intentionally created a situation which was not congenial and it was impossible for her to live with him. He had forced her to part company with him and to take their two minor children with her. She also pleaded that she was subjected to extreme mental harassment and physical violence. She was revered by the general public as being a pious lady and was known by the name "Sandhoori Mata", i.e. one who gives vermilion. She was devoted to performing Puja/ prayers for the Divine Mother and had a large following where she was providing relief to her followers from illness and mental tension etc. by merely giving Prasad and Sindhoor etc. of the Divine Mother. The appellant started resenting her popularity and forcibly took away the offerings which were made to the deity. He got incensed and even burnt the wooden bridge connecting the road to the temple where the respondent used to perform Puja/rituals. He had the electricity and telephone connections of the room where she was residing, disconnected.