MEENAKSHI MEHTA Vs. MAJOR ATUL MEHTA

JUDGEMENT

(1.) This appeal under Section 28 of the Hindu Marriage Act, 1955 (hereafter referred to as the 'Act') is directed against the judgment and decree dated September 1, 1998 passed by the learned District Judge, Solan, whereby the petition of the husband/respondent under Section 13 of the Act has been allowed and the marriage between the parties has been dissolved.

(2.) The facts leading to the presentation of this appeal are as follows. The marriage between the parties was solemnised on September 28, 1984 at Shamli (Uttar Pradesh) in accordance with the Hindu rites and ceremonies. The parties thereafter cohabited as husband and wife at Delhi, Belgaum, Chandigarh and lastly at Subathu. Out of the wedlock son Karan and daughter Nidhi were born respectively on October 23, 1986 at Delhi and on November 25, 1990 at Chandimandir. The respondent/husband filed a petition under Section 13 of the Act praying for a decree for dissolution of the marriage on the ground of cruelty in the Court of the learned District Judge, Solan on August 6, 1993. His case as made out in the petition, is that right from the beginning the attitude and behaviour of the appellant/wife has been uncompromising and unaccommodating and with the passage of time, her attitude became more aggressive and nagging and she developed the habits of raising quarrels without any basis and constantly humiliating, insulting and harassing the respondent/husband. The respondent in his petition has mentioned various instances to show that the appellant has been treating him in a manner which constitutes mental cruelty. It is averred that the father of the appellant fixed their marriage during "Sharad" which the respondent and his parents wanted to avoid but in vain. After marriage while on honeymoon at Sikkim, the appellant informed the respondent that she did not marry him because of love but on the asking of her father and did not like him. On the death of grandmother of the respondent on October 23, 1984, the appellant reluctantly came to Solan to mourn the death whereas none from the parental side came to mourn the death nor sent any condolence letter etc. In the year 1985 the appellant started avoiding and disliking the parents of the respondent and started raising quarrels. When Karan was born on October 23, 1986, the mother of the respondent could not be present on this occasion for want of leave. The appellant created a scene and turned a beautiful moment into ugly one. In 1989 the respondent was posted to a non-family station. The appellant then preferred to stay with her parents and stayed at Chandigarh with her parents. When the respondent came on annual leave in November 1989, he visited her at Chandigarh and asked her to accompany him to Solan as he wanted to stay there with his parents during the leave period, but the appellant refused to oblige and quarrelled with him with the result that he had to proceed to Solan alone. While returning to his place of posting after availing the leave, the respondent again visited the appellant at Chandigarh and came to know that she had taken a job in D.A.V. Public School, Chandigarh for which she never took the respondent into confidence. He advised the appellant to stay at Solan instead of Chandigarh but she retorted by saying that he had to make a choice between the appellant, their son Karan and his parents. The insult and humiliation met out to the respondent led to development of psychiatric disorder and had to remain admitted in Command Hospital at Chandigarh and he was diagnosed to be a case of depression. The illness of the respondent was taken by the appellant casually and visited him in the hospital only once or twice. In March 1993 the respondent was posted at Subathu and the appellant joined him there but her insulting and humiliating attitude aggravated and she would insult and humiliate him even in the presence of his superiors and juniors. In the absence and without the knowledge of the respondent, the appellant took almost all his belongings and shifted them to her parents house at Panchkula. The respondent reported the missing of his important articles to the police without knowing that the appellant had taken them away. Since after this incident the appellant is residing in her parental house in Panchkula. While at Panchkula, the appellant on April 8, 1993 lodged a false complaint against the respondent to the GOC, Headquarters Delhi Area with a copy to COAS. The said complaint contained allegations of demand for dowry, physical assault on the appellant and children and their non-maintenance by the respondent. It was further alleged that he had extra-marital affairs with rich women and one woman was even named therein and a request to provide financial help was made. The respondent had to submit replies to the authorities in this regard and such allegations were false. The situation thus created by the appellant finally led the respondent to seek premature retirement. The appellant who is residing at Panchkula since March 1993, is not permitting the respondent to visit his children. It has, therefore, been claimed that the appellant has treated the respondent with cruelty which he has not condoned.

(3.) The appellant/wife in her reply denied the allegations of cruelty as averred in the petition and claimed that the behaviour of the respondent and his parents in fact has been very cruel and unbecoming and a complaint under Section 6 of the Dowry Prohibition Act, 1961 read with Section 406/34 of the Indian Penal Code is pending in the Court of the Chief Judicial Magistrate, Solan. It is also pleaded that while posted at Subathu, the respondent developed affinity and intimacy with a Bank Officer and is so charmed by her wealth and status that he is bent to divorce the appellant so that he may marry said Bank Officer. Taking the job of a teacher by the appellant has been admitted but it is claimed that for this the respondent was a consenting party. It is also admitted that the respondent developed some psychiatric disorder for which he remained admitted in Command Hospital, Chandigarh. It is, however, claimed that the appellant attended on the ailing respondent day and night and that her behaviour and conduct has always been normal. Making of a request to provide financial assistance to the authorities has been admitted but it is claimed that the request was based on true facts. It has also been admitted that since March 1993 the appellant is residing with her parents in Panchkula.