ANITA CHAUDHARY Vs. RAJESH CHAUDHARY

JUDGEMENT

(1.) This misc. appeal has been preferred u/S.28 of the Hindu Marriage Act, 1955 ("the Act of 1955") against the judgment & decree dt. 02.02.2017 passed by the learned Family Judge, Alwar in the petitions filed u/S.13 of the Act of 1955 by Rajesh Chaudhary and u/S.9 of the Act of 1955 by Smt. Anita Chaudhary. Both these petitions were disposed of by a common judgment & decree dt. 02.02.2017, whereby the petition filed by Rajesh Chaudhary u/S.13 of the Act of 1955 was allowed and the marriage which took place on 23.11.2005 between Rajesh Chaudhary and Smt. Anita Chaudhary was dissolved and the application filed u/S.9 of the Act of 1955 by Smt. Anita Chaudhary was dismissed.

(2.) Respondent-Husband Rajesh Chaudhary filed the petition u/S.13 of the Act of 1955 on 27.5.2010 mentioning therein that their marriage took place on 23.11.2005 as per Hindu customs and rituals. He was serving in CRPF and appellant-wife was working on the post of Teacher Gr.II at Jalore. She refused to establish physical relation with husband since very beginning on their golden night on 24.11.2005. Next day, she went alongwith her brother to her maternal home on the pretext of getting herself transferred, but stayed at Alwar for five days. Her consistent avoidance to cohabit and consummate the marriage caused mental agony and harassment to Rajesh. She even avoided to attend the phone calls made by husband.

(3.) When he asked to take her with him during winter vacations of the school, she refused to do so. When he went to Jalore where Anita was posted, she refused to establish physical relations with him. On making constant efforts by him, she ultimately disclosed that she was in love with one boy namely Shammi Chaudhary and cannot live without him. She even threatened to involve him in false cases on forcibly establishing physical relations with her. Lastly, she agreed to come to Alwar with Rajesh and during the journey by train she kept on talking to Shammi Chaudhary on telephone and thus harassed him. She tried to get herself transferred to Alwar, her maternal home and at nearby places and not to Neem Ka Thana where their matrimonial home was. On her persuasion, Rajesh left his job in CRPF with the object of living together at Neem Ka Thana but she joined her duties at Laxmangarh, a place away from Neem Ka Thana. She stayed at Neem Ka Thana for three days in the month of June, 2006, but did not agree for cohabitation, thus, continued to desert Rajesh and caused mental and physical cruelty to him. She did not show herself as married in the service record even after marriage. Looking to her behaviour and conduct, there has been deadlock in their marriage and thus, husband Rajesh has prayed for decree of divorce.