Anil Parkash Sharma v. Sunita Rani

 
    


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1.

Appellant-husband has filed this appeal, challenging judgment and decree dated 10.01.2020 passed by the learned Family Court, Hisar, whereby petition under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act') filed by the respondent-wife has been allowed. 2.

Brief facts necessary for adjudication of the matter are that respondent-wife filed a petition under Section 13 of the Act, seeking dissolution of her marriage with the present appellant, which was solemnized on 15.11.2005 at Bhiwani. She pleaded that marriage was consummated, but no child was born from the wedlock. She pleaded that parties did not have a happy marriage as since the day of marriage, she was harassed by the husband and his family members beyond limits. Appellanthusband is stated to have fallen to bad habits including that of imbibing

 excessive liquor. It is alleged that he used to come home late at night under influence of liquor along with his friends and would compel her to cook food for all of them and would pick up quarrels with her without any reasonable cause and even physically abused her. Household expenses, it is stated were never given to her, to the contrary, she was pressurized to bring money from her parents. When she expressed her inability to bring money from her parents and also requested him to give up his vices, he would beat her and turn her out of the matrimonial home. It is pleaded that she was turned out of her matrimonial home on several occasions, but each time she was settled in the matrimonial home due to intervention of Panchayat and after fulfilling demands of the appellant-husband and his family members, directly or indirectly.

It is further pleaded that appellant-husband was in the habit of wasting his income by living a life of extravagance. However, she continued to perform her matrimonial obligations with love and respect as she wanted to save her matrimony, but the husband and his family members always treated her like a servant without even providing her a proper meal. Vices of the husband were supported by all the family members. It is also stated that it came to her notice that husband was having extra-marital relations with some other lady to whom he was giving a major part of his income. He refused to refrain from having contact with the said lady and even threatened to take divorce from her and perform second marriage.

It is stated that in the month of June 2017, appellant-husband came home under influence of liquor and threw her out of the matrimonial home after beating her. The wife is stated to have reached her parental home and narrated the incident to her parents, who convened a Panchayat in which husband refused to cohabit with her.

* in the mind of the wife that it would be harmful and injurious for her to continue living with him. Accordingly, she filed petition under Section 13 of the Act in the month of July 2019, seeking dissolution of marriage with the appellant-husband.

3.

Appellant-husband (respondent before the learned Family Court, Hisar), contested the petition. In the reply filed by him, he denied all allegations against him as contained in the petition, to be false and frivolous with concealment of true facts from the Court. He pleaded that marriage was a simple affair and that appellant lived with his wife affording all due love and affection to her. All family members also treated her with respect and affection. To the contrary, the wife was a quarrelsome lady and would boss around him and even call him bad names. It is asserted that the wife was in the habit of sleeping late at night and waking up late as well. She would never enter the kitchen or prepare any food etc and that she would demand new and expensive jewellery for herself.

He further pleaded that the wife under influence of her parents pressurized him to live separately from his parents and even during his stay in the matrimonial home, she would talk with her mother and other relatives about lodging false dowry case against him and his family members. In order to save his married life, appellant stated that he started living separately from his parents in the year 2009. At the time of marriage, appellant had cleared her 10+2. When she expressed her desire to go for higher study, appellant arranged for the same and she completed her B.A and JBT course. Respondent-wife, it is stated joined government service as JBT teacher at Government Girls Primary School, Paluwas on 02.05.2017. This, it is stated was possible due to the encouragement and efforts of the husband.

7 left the matrimonial home along with all her jewellery and cash while refusing to join his company on the premise that now she was in government service while he was an agriculturist. Despite various requests by the husband, the wife is alleged to have refused to join the matrimonial home. Number of Panchayats were convened to bring her back, but parents of the wife raised demand of Rs. 10 lakhs for sending her to the matrimonial home. Appellant pleaded that he along with his family members was threatened with dire consequences, in case demand of Rs. 10 lakhs was not fulfilled. He pleaded that this act and conduct of the wife amounts to cruelty towards him and his family members, but he hoped that good sense would prevail and their marriage could be saved. Appellant also filed petition under Section 9 of the Act. All allegations regarding being addicted to alcohol and physical abuse of the wife are denied. It is pleaded that it is the wife herself, who intentionally deserted him without any sufficient cause, therefore dismissal of the petition was sought.

4.

From pleadings of the parties, following issues were framed by the learned Family Court:- 1.

Whether the respondent has treated the petitioner with such degree of cruelty as would amount to a matrimonial offence and the marriage has irretrievably failed? OPP 2.

Whether the respondent has deserted the petitioner? OPP 3.

Relief.

 

 

 



 
 
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