MANOHAR LAL Vs. DURGESH

JUDGEMENT

(1.) This intra court appeal is directed against the order of learned Single Judge dated 29.11.2001 passed in S.B.Civil Misc.Appeal No.218/1996 whereby while accepting the appeal, the decree of the trial court granting divorce to the parties was set aside.

(2.) The parties had married in accordance with Hindu rites in 1983. They are stated to have lived together from 1983 till 1990. A child was also born on 02.11.1989, whereafter their relationship was strained. The appellant husband (hereinafter referred to as the 'husband') had filed a petition seeking dissolution of marriage on the ground of cruelty. It was alleged by the husband that after 1989, the respondent wife (hereinafter referred to as the 'wife') had left the matrimonial home on her own and started living with her parents. Her behaviour and attitude was very cruel. She was short-tempered & quarrelsome, and always out to create unpleasant scenes. She had refused to work at home and was not preparing meals and even threatened that she would commit suicide. It was also alleged that conduct of the wife towards the mother of the husband was quarrelsome. In the written statement filed by the wife, these allegations were denied and it was stated that she had been properly discharging the duties of wife, and that the husband had filed the petition for divorce as he was having affair with a lady employee working in his office who had been, in fact, frequently visiting their house. It was further alleged that whenever the lady employee would come to their house, the husband would ask the wife to go out and whenever she had protested against this behaviour of the husband, she was harassed by him. She had also stated that she had earlier also been forced to leave her house and when her inlaws had taken her back to the matrimonial house, she was again beaten up by the husband and sent back. She had further stated that she was always willing and prepared to live with her husband. On the basis of these pleadings of the parties, the trial court framed following issues:

(3.) The trial court, while deciding issue No.1 in favour of the wife, held that the husband has not been able to prove that the alleged behaviour of the wife amounted to cruelty. With regard to issue No.3, the trial court held that the husband did not have any illicit relations with his lady colleague. However, the trial court, after holding that this issue No.3 had not been proved, also held that the averment made by the wife in the written statement alleging illicit relations of the husband with his lady colleague being the reason for filing petition, itself amounted to cruelty and hence the husband was found entitled to the decree of divorce.