RAJENDRA KRISHNA AGRAWAL SON OF SHRI BECHAN LAI AGRAWAL Vs. SMT.SANDHYA RANI WIFE OF MR. RAJENDRA KRISHNA AGRAWAL D/O MR.VITHAL DAS AGRAWAL

JUDGEMENT

(1.) APPELLANT -husband, being aggrieved by the judgment and decree dated 27th of June 1998, passed by Smt.

(2.) Rekha Kumari, Principal Judge, Family Court. Patna in matrimonial case no. 122 of 1994. dismissing the petition under Section 13 of Hindu Marriage Act, 1955 , has preferred this appeal. The appellant -husband filed Matrimonial Case No. 122 of 1994 under Section 13 of the Hindu Marriage Act, 1955 for dissolution of his marriage with the respondent by a decree of divorce. According to the husband, he was married with the respondent on 12.12.1990 in accordance with the Hindu rites and customs. However, from the beginning itself the relationship between the husband and wife remained strained and the wife only occasionally lived in her matrimonial house or with the husband. Her behaviour with the appellant -husband as well as his parents was indecent to the extent that appellant 'sdomestic life became very tense and unpleasant. According to the appellant -husband, the respondent never paid due regards to the appellant 'sparents and used to misbehave with the family members of the appellant. That apart she also never shared any domestic work of the family. Further allegation by the petitioner - appellant is that the wife is elder by one year and this fact had been suppressed by her parents at the time of negotiation of the marriage. Allegation has also been made upon the respondent having affairs with a person at her native home. However, from plain reading of the petition for divorce it becomes apparent that the petitioner -appellant has mainly centered his allegation towards the fact that the respondent has treated him with cruelty to the extent that his health broke down, his studies were disrupted and at the end he had to leave his job also. Case of the appellant -husband is that there was ego problem with the respondent also as she used to consider herself superior than the appellant. She used to pass satirical and taunting remarks on the appellant more so after he became unemployed on loosing his job due to her cruel behaviour. According to the appellant, the respondent considered herself as very pretty and often laughed at appellant 'scomplexion touching not only the feelings of the appellant but of all of his family members and making the life of the appellant bitter and meaningless. The relationship between the husband and wife became so sour and bitter that the wife herself became determined to get rid of the husband. According to the appellant at one point of time she drafted a letter addressing the Chief Justice, Patna High Court but the same was not sent. Subsequently a joint petition for grant of divorce by mutual consent was also drafted at instance of the respondent and signed by both parties. But due to intervention of the well wishers of the parties the same was not filed in the court specially as mother -in - law of the appellant assured that her daughter would mend her ways and behaviour. However, the respondent continued with her harsh and rude behaviour and continued to pass sarcastic remarks against the appellant and when the appellant informed this to his in -laws they instead of advising the respondent to mend her ways, gave wrong and false information to the local police which came to the house of the appellant and the respondent left her matrimonial house with the police. The father of the respondent took her thereafter to Ara causing insult and embarrassment to the appellant and his family. She again came back on 30.12.1993 and took away all her belongings as she and her parents were determined for final desertion and ruining the peace, prestige and life of the appellant. It is claimed by the appellant in his pleading that after 30.12.1993 the husband and wife never met each other. According to him the relationship between them has become so tense that there was no hope for reconciliation.

(3.) THE Opposite Party -respondent (wife) rebutted the aforesaid allegations by filing written statement. According to her, both the appellant and the respondent used to spend happy marital life at Delhi where the appellant was employed as an engineer in the Oriental Bank of Commerce, Delhi. The petitioner -appellant used to visit her when she stayed at her father 'splace at Ara. She used to stay alongwith her parents at Ara and Patna without any resentment or objection. According to her, when she was at her in -laws house at Patna, some time in 1993, she received message from the petitioner -appellant that he had left his job at Delhi and is returning back to Patna which he ultimately did. This had a great impact on the marital relationship between the appellant and the respondent. Soon thereafter, the in -laws and the appellant started ill -treating the respondent. The reason, according to the respondent, was that the appellant and the in -laws thought that the marriage with the respondent did not bring good fortune for the family and the petitioner. There was demand of few lacs of rupees for starting business also which the parents of the respondent could not meet. This aggravated the matter and as a result of which maltreatment of respondent started in a vigorous manner. The wife claims that she was forced to sign on blank papers which was later utilised for the purposes of petition of mutual divorce but the same was not acted upon due to intervention of her parents. Further a complaint was lodged with the Superintendent of Police, Patna by the parents of the respondent and eventually she was rescued from the clutches of the petitioner - appellant and her in -laws. She claims that her behaviour and conduct was not the root cause but it is the petitioner -appellant 'sown conduct which compelled the respondent to live separately. She, in her written statement, has shown willingness to reside and live with her husband. However, she agrees that with the passage of time some ego problem had cropped up between them.