VIMLA Vs. TARUN SINGH

JUDGEMENT

(1.) Marriage is said to be made in heaven, but it is destroyed and dissolved on earth. What is considered to be a sacrament is, at times, followed by cruel acts of one spouse towards the other. When one of the spouses finds it unbearable to tolerate the cruelties of the other spouse, he/ she has no option but to knock at the doors of a Court and to seek divorce from the erring spouse. This has been the story of the respondent before this Court. But it is the appellant, who is challenging the order dated 21-8-2006 passed by the Family Court, Ajmer whereby the learned Family Court has granted the divorce in favour of the respondent on the ground of cruelty.

(2.) The brief facts of the case are that the appellant-wife and the respondent-husband (henceforth to be referred to as 'the wife' and 'the husband' respectively, for short) were married on 10-2-2000 at Ajmer in accordance with the Hindu rites and customs. According to the respondent, on the very first night, the wife informed him that she was engaged earlier to another person at Ajmer, but because of "cruel fate", the engagement was called off. But nonetheless she is still devoted to him and would like to marry him. Therefore, she does not wish to maintain any physical relationship with the husband. She also does not wish to stay with the husband and his family. She further told him that she has been pressurized to enter into this marriage by her parents and grandfather. But given a chance, she would run away to the other person to whom she was earlier engaged to. According to the husband, he was shocked to hear such words from his newly wedded wife and that too on the very first night of the marriage. When he informed his parents, they called his in-laws. But the in-laws merely assured him that his wife is young and she would eventually get accustomed to her new matrimonial home. However, despite their assurance, the wife's behaviour did not change for the better. In fact, she repeatedly threatened the husband that she would run away or that she would commit suicide and she would falsely implicate the family. He also discovered to his dismay that his wife would repeatedly tell him that "he is a kid and is not worldly wise": He began to suspect that his wife may be older to him. Therefore, he inquired from the school where she was educated. To his great dismay and shock, he discovered that his wife was, indeed, three years older to him. The fact that a fraud had been played upon him and upon his family, both by his wife and by his in-laws, mentally shocked him. To make the situation worse, the wife would not perform the daily responsibilities of a daughter-in-law. Instead, she would sleep alone in her room during the day time and would hot cook for the family. She even left the gas on in the kitchen. When the husband asked her about leaving the gas on, she retorted that

(3.) In order to substantiate his case, the husband examined three witnesses and submitted a number of documents. In order to support her case, the wife examined four witnesses. After hearing both the parties, the learned Family Court, Ajmer granted a divorce vide its judgment dated 21-8-2006 in favour of the husband. Hence, this appeal before this Court.