HARI MOHAN SHARMA Vs. SANTOSH PAREEK

JUDGEMENT

(1.) "you know better Your relations With the other. But would it be a crime To spare some time. And ask about me About how I am And where I am?" These words appear to have been uttered in the instant matter by the respondent wife in response to the allegations of `mental cruelty and desertion' levelled by the appellant husband against her. Learned Family Court Jaipur where the appellant husband filed the petition for divorce found these allegations unfounded and dismiss the petition vide decree and judgment dated December 12, 1989 that are under challenge in his appeal.

(2.) AS per the facts stated in the petition the appellant entered into the marriage with respondent on June 11, 1978 according to Hindu rites and from their wedlock a female child was born on July 13, 1979, thereafter from December 21, 1980 the respondent started living separately. It was averred in the petition that the respondent from the very beginning of marriage had superiority complex. She used to compare her prosperous parental family with that of the simple family of the appellant. Many a times she expressed her proud feeling that she was the daughter of a police officer. The behaviour and conduct of the respondent caused immense emotional stress and mental agony. It was also pleaded that in the petition filed on behalf of her daughter Shruti, claiming maintenance, the respondent made false allegation against the appellant that he had illicit relations with another female doctor. According to the appellant this false allegation caused mental cruelty to him. The appellant also averred that the respondent had deserted him for the past six years prior to filing of the petition. She left his house on December 21, 1980 without any just cause and started living with her parents and there being no sharing of the bed and co- habitation, prayer was made to grant decree of divorce for dissolving the marriage between the parties.

(3.) WE have reflected over the rival submissions.