High Court Of Delhi
PAL RAM PAL - Appellant
Versus
SANTOSH RAMPAL - Respondent
First Appeal Order 238 of 1983
Decided On : 04/10/1985
( 1 ) THESE appeals are filed by the husband against the order of the Additional District and Sessions Judge, Delhi, refusing decree for divorce on the ground of cruelty and on the ground of desertion. The husband filed a petition on the ground of cruelty first and thereafter a petition for divorce on the ground of desertion was filed. The two petitions were consolidated and disposed of by a common order of the Additional District and Sessions Judge dated 27-8-1983. The marriage between the parties took place on 20-11-1975. In October, 1976 a son was born. It is alleged that on 22-8-1977 the wife left the matrimonial home. The petition for divorce on the ground of cruelty was filed on 8-8-1978. On 21-11-1979 a petition for divorce on the ground of desertion by the wife was filed.
( 2 ) BOTH husband and wife were working as Clerks in different Government departments at Delhi at the time of their marriage. In 1977 the husband got himself transferred to Ferozpur. Practically for the last seven years they are staying separate. The child is with the mother. The parties are young and the alleged grounds of cruelty were not serious. I, therefore, made an attempt at reconciliation by speaking to the parties in chamber. According to the wife she was ready to go and stay with the husband even if it meant giving up her job. It is difficult to know how sincere this statement is. On the other hand, the husband feels so much harassed by the conduct and behaviour of the wife that at this young age he has developed hypertension. The attempts at reconciliation have failed.
( 3 ) THE husband filed a petition on the ground of cruelty first because by that time two years had not elapsed from the alleged date of desertion. After completing the said statutory period a petition for divorce on the ground of desertion was filed.
( 4 ) THE husband has alleged mental cruelty against the wife. The incidents and circumstances alleged against the wife are. . . . . .
( 5 ) WITHIN few days of the marriage the wife went to the home of her parents and did not return for 10/15 days. She avoided to return and as a result of the mental shock the father of the respondent had a stroke of paralysis. In January, 1976 the husband s father died due to paralysis. She used to goto her parents house very often without information to the husband and when he raised objections he was rebuked and ill-treated. It is then alleged that within eight days of the death of the father the wife requested the husband to go to a movie which amounted to his mental distress. On return from Jullundur when the father had died, the wife did not go to the matrimonial home with the husband but went straight to her parents house. In February, 1976 it is alleged that the wife told the husband to pack up the luggage and to go and stay in the house of her parents at Moti Nagar. She wanted the husband to stay with her parents leaving the house at Shakurbasti. The further allegation is that the wife used to insult the husband and ill treat the relations when they visited their house. An instance of November, 1976 is cited where it was said that Public Witness. 4, Vaijindar Mohan, a relation of the husband had visited their house with his wife. She refused to cook the meal with the result that they had to dine outside on a dhaba. A child was born to them in October, 1976. The delivery took place at Delhi and the husband s mother had come from Jullundur. But the wife misbehaved and the mother of the husband had to leave Delhi and go back to Jullundur. It is then alleged that the sister and sister-in-law of the husband had come from Punjab to see the child but they were not allowed to do so. It was also alleged that when the husband visited the house of the wife after the death of her father in June, 1977 the mother of the wife insulted the husband. It was also an allegation that the husband and wife alongwith the husband s relations had gone to Simla in June, 1977 where she threatened t
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