PARIHAR PRITI Vs. PARIHAR KAILASH SINGH

JUDGEMENT

(1.) THIS is wife's appeal against the judgment and decree passed by the learned district Judge, Jodhpur, and dated January 4, 1977, by which he granted a decree of divorce to her husband.

(2.) RESPONDENT Kailsh Singh Parihar a pilot officer (now a Squadron Leader) son of a Judge of this court (now Retd.) and appellant Priti a daughter of an army medical officer with the rank of Colonel (now retd-) and educated in a convent were married on May 9, 1968, in Jodhpur. Both come of the two prominent families of the Mali community. Their marriage was not even four years old before it came crashing down and the husband preferred an application on january 11, 1972, for judicial separation on the grounds of desertion and mental cruelty under Section 10 of the Hindu Marriage Act, 1955, which shall hereinafter be called the Act. The Act was amended on May 24, 1972. It was later on converted into a petition for divorce on July 7, 1976, The allegations commence right from the time the bride crossed the threshold to receive her groom at the time of the "toran" ceremony. It is complained that she had no veil on her face- Since the respondent made her then cover her face, the appellant made it a point of her prestige. After the marriage, the respondent came to know that on the day of the marriage, some young man had caught her by her hands in a mournful tone that alas, she was being married, and thereupon, tears began to leave her eyes. The husband was then posted outside Jodhpur at Jorhat. After a honey-moon of three months, while he was departing to join his duties on June 3, 1968, relatives of the wife insisted that he should take her with him, but he then failed to catch the significance thereof and left her behind with his parents at their house, which he describes as his declared matrimonial home, as it was also his officially notified residence. She however went to her father's home and it is alleged that it was there that she lived for most of the time. The husband returned in November, 1968, on leave. At that time, the wife received a letter from an army officer Capt. David bargouhna in which he addressed her as "priya Bhabhiji" On enquiries being made by the husband, the wife was unable to give a satisfactory explanation. The husband then commanded her that there being no discipline in the house of her rather she must stay with his parents, though she could be permitted to visit them for a day or two. It appears that the husband then left Jodhpur.

(3.) ON February 4, 1969, the marriage of his elder brother took place in bombay. In that connection he came to Jodhpur and was told that she lived with her father for the entire period of December, 1968, and January, 1969. They, however, went to Bombay and returned on February 6, 1969. Then, before his departure, he happened to come by the daily personal memoirs of the wife which disclosed her mode of living, thinking, intentions, conduct and character and particularly, her fondness for one Ramesh. These memoirs further revealed that the wife did not like to live in the strict discipline of the husband's family and was intent upon suicide. She preferred to live as a "hippy" and suffered mental agony upon her helplessness to break the social bonds. The wile had undesirable and unbecoming connection with Ramesh. She was longing to join dance parties with him. She was found frequenting restaurants, sexy English films in the company of young men and dressed like a "hippy. " she has been living with her parents since February, 1968, against his wishes. In July, 1969, the husband came again on leave for 10 days but she came to see him only for once and defying his instructions, she continued to live with her parents. In spite of this, he carried on normal correspondence so that their relations were not poisoned. This he had to because he was in active service and his letters were subjected to censor and he could not write anything to his wife about his real feelings. On October 80, 1969, a daughter was born to her. As desired by the husband, she was admitted in the military hospital. The expenses of the delivery were deducted from his pay. From the hospital she went to her parental home again against his clear directions.