DIMPLE Vs. SUBHASH

JUDGEMENT

(1.) To live with a man (woman) you hate is a slavery but to be compelled to submit to his (her) embraces is a misfortune too great even for slavery itself.

(2.) The matrimonial acrimonies involving more of psychological and behaviour problems do not always fit in well within the framework of statutory provisions specially when the courts are dealing with the case like the one in hand, namely divorce decree granted under Sec. 13 of the Hindu Marriage Act, 1955 on the ground of mental cruelty and desertion by the appellant wife.

(3.) Dimple & Subhash, the parties to the present matrimonial dispute & belonging to the respectable Agarwal families of Swaroopganj & Abu Road, got married on 13/5/2001. Soon they fell apart and after they started living separately & the marriage broke down, a son - Harsh was borne to them on 22/2/2002. The usual litigation channels in such marriage dispute ensued and an FIR No. 83/2006 was filed after four years of separation on 5/6/2006 in Police Station Swaroopganj for the alleged offences committed by the husband under Sec. 498 -A, 406, 109 IPC read with Sec. 323 IPC. The members of the husband family remained in custody for 3 -4 days and the charge sheet against them was filed in the competent court on 12/12/2006 & that case is still pending trial. The husband filed the divorce petition under Sec. 13 of the Hindu Marriage Act, 1955 on 8/9/2008, inter alia, on the ground of cruelty and desertion, while in the same divorce petition No. 1/10 (65/2008), the present appellant -wife -Dimple filed her counter claim under Sec. 9 of the Hindu Marriage Act seeking restitution of conjugal rights.