Nidhi Sharma @ Nidhi Kaushik v. Manu Kaushik

Challenge in the present appeal is to the judgment and decree dated 02.08.2019 passed by the learned Additional Principal Judge, Family Court, Gurugram (for short `the Family Court'), whereby the petition under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 (for short 'the Act') filed by the respondent-husband has been allowed and the marriage between the parties has been dissolved by decree of divorce on the ground of cruelty. 2.

The aforesaid petition had been filed by the respondenthusband, inter alia, pleading therein that his marriage with the appellant-wife was solemnized on 19.11.2010, as per Hindu rites and out of the said wedlock two children were born on 24.02.2012 and

14.10.2014, respectively. It was further pleaded that soon after the marriage the appellant-wife started humiliating the respondenthusband physically as well as mentally. On 22.09.2013, the appellantwife left the matrimonial house for about two months without any intimation. The respondent-husband sent a notice dated 12.11.2014, asking the appellant-wife for restitution of conjugal rights, but she intentionally did not accept the said notice. The parties resided at House No.613, Sector 10A, Gurugram. The owner of the said house was 70-75 years old lady, but the appellant-wife levelled very scandalous allegations against the respondent-husband alleging that he was having relations with the said lady.

It was further alleged that the appellant-wife used to beat the minor sons without any reason and used to further extend threats of beatings to be given to the respondent-husband at the hands of her cousin brother. It was further alleged that in September, 2013, the appellant-wife, left Gurugram for Jaipur and there, she had maltreated her in-laws and used derogatory remarks against them. On 23.04.2014, the appellant-wife quarreled with the respondent-husband and made a call to the police on 100 number. It was further alleged that again on 21.10.2014, the appellantwife filed a false complaint at Police Station Manesar against the respondent-husband wherein he was arrested by the police and was put behind the bars. Subsequently, he was released on bail.

The respondent-husband and his parents were also summoned by the CAW Cell Bulandsahar (U.P.) on the false and frivolous complaint of the appellant-wife and they had filed the same reply on 22.01.2015.

was further alleged that the marriage between the parties was beyond repair and there was no possibility of living together. 3.

Upon notice, the appellant-wife entered appearance and filed her written statement alleging therein that her parents had incurred huge expenses in the marriage and that the respondenthusband used to maltreat, torture and insult her for non-fulfilling the illegal demands of dowry. It was further alleged that in September, 2010, the appellant-wife was turned out of the matrimonial home and that at the time of delivery of the first child, the respondent-husband and his family members refused to bear the expenses and, therefore, she went to her parental house. When she was again brought to the matrimonial home, she was given beatings by the respondent-husband for non-fulfilling the illegal demands of Rs.10 lakh. It was further alleged that on 14.10.

2014, the respondent-husband gave merciless beatings to the appellant-wife and even tried to kill his daughter. Still further, it was alleged that on 22.10.2014, the appellant-wife was compelled by the respondent-husband to leave the matrimonial home and, thus, she along with her children came to her parental house. A complaint was lodged by the appellant-wife, but the matter was compromised. It was further pointed out that the appellant-wife came back to her matrimonial home, but the respondent-husband was not paying any household or education expenses of the children. It was yet further pointed out that the appellant-wife was still living in her matrimonial home with her parents-in-law and that she had been compelled to live in a garage without any door or fan.

pleaded that it was the respondent-husband, who had treated the appellant-wife with cruelty.

4.

On the basis of pleadings of the parties the following issues were framed by learned Family Court:- "1.

Whether the petitioner is entitled for a decree of divorce on the ground of cruelty? OPP 2.

Relief."

5.

In evidence, the respondent-husband examined himself as PW-1; PW-2 Madho Singh, Sub Inspector; PW-3 ASI Sukhbir Singh; PW-4 Anil Kumar Sharma; PW-5 Vibha Kaushik; PW-6 LHC Beena Devi and PW-7 Arun Kumar, besides tendering into evidence Ex.P1 to Ex.P34. On the other hand, the appellant-wife appeared as RW-1 and examined Durgesh daughter of late Chandrahas Sharma as RW-2, besides leading documentary evidence Ex.RW1/B to Ex.RW1/H, Ex.R1, Ex.R2 and Ex. RX and Ex.RY.

6.

has allowed the petition filed by the respondent-husband and dissolved the marriage between the parties by a decree of divorce, as noticed above.

12.

24.02.2012 and 14.10.2014 respectively. As per the pleadings on record, the parties have been living separately since 22.09.2013. The efforts for mediation before this Court remained unsuccessful. Therefore, in view of the judgment of the Hon'ble Supreme Court in Samar Ghosh's case (supra), the marriage between the parties has reached the stage of beyond repair and rather it has become of a fiction supported by a legal tie.

19.

However, we grant liberty to the appellant-wife to move an appropriate application before learned Family Court for grant of permanent alimony. If any such application is filed by the appellantwife, the same shall be considered and decided by the Court concerned, in accordance with law, preferably within a period of 06 months from the date of filing thereof.