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2008 Supreme(Del) 1169

IN THE HIGH COURT OF DELHI
Honble Judge: V.B. Gupta, J.
Smt. Vimla Mehra W/o Sh. K.S. Mehra D/o Sh. T.C. Sohal – Appellants
Vs.
Shri K.S. Mehra S/o Sh. M.R. Mehra – Respondent
MAT App. No. 90/2007 and CM No. 814/2008
Decided On: 24.11.2008

Advocates appeared:
For Appellant/Petitioner/Plaintiff: Aman Lekhi, Sr. Adv. and Meenakshi Lekhi, Jaspreet Singh Rai and Rakesh Kumar, Advs.
For Respondents/Defendant: Geeta Luthra, Sanjeev Sahay and Aanchal Mullick, Advs.

JUDGMENT

V.B. Gupta, J.

1. This appeal has been filed by the appellant(wife) under Section 28 of Hindu Marriage Act, 1955 (for short as Act) against the impugned judgment and decree dated 15th October, 2007 passed by Sh. Gurdeep Singh, Addl. District Sessions Judge, Delhi.

2. Vide the impugned judgment, the trial court has decreed the petition under Section 13(1)(i-a) of the Act for divorce filed on behalf of the respondent-husband.

3. The brief facts of this case are that parties were married according to Arya Samaj rites and ceremonies on 12th November, 1978 at Delhi. The marriage was also registered. Out of the wedlock, two sons were born, namely, Kanak Mehra on 2nd February, 1981 and Vaibhav Mehra on 27th November, 1982.

.4. After solemnization of the marriage between the parties, the appellant has treated the respondent with cruelty as under:

.(A) The respondent is an IAS Officer of 1978 Batch (U.P. Cadre) and at the time of filing of petition was posted as Joint Secretary to the Government of India (Ministry of Textiles). The appellant is an IPS Officer of 1978 batch (U.T. Cadre) and was posted as DIG, Group Centre, C.R.P.F., Bangalore.

.(B) Both being civil servants and of the same batch decided to tie a nuptial knot in 1978. Both completed their training in 1980 and thereafter were posted at Andaman and Nicobar till 1984. After that both were at Delhi between 1984 to 1990, at Arunachal Pradesh between 1990 to 1992 and again at Delhi after 1992 till the appellant got himself transferred to Bangalore on 16.11.1998 and the respondent continued to be in Delhi till date.

.(C) Their matrimonial life went on well after the marriage for another 10-11 years. However, due to appellants misbehavior, ill-treatment, ego problems, cruel acts, etc., with time the matrimonial life of the parties greatly deteriorated.

.(D) The appellant on the smallest pretext would pick up a fight with the respondent and would humiliate, insult and abuse the respondent in front of the children and also in front of the relatives of the respondent. The appellant even refused to do the normal household chores. On smallest pretext, the appellant would pack up respondents clothes and ask him to leave as the residence was on her name since sometimes the residence was allotted to the appellant. The respondent in order to make the marriage survive and especially to keep the atmosphere conducive for the upbringing of the children, kept on bearing the mental torture, cruelty, humiliation and the insult. The respondent would normally do the household chores and the appellant would not even help the respondent. The appellant though earning well, has not been contributing towards domestic expenditure for the last 4-5 years and the entire household expense is being borne by the respondent so as to humiliate and harass the respondent as she has deliberately taken the expenditure beyond affordable limits of the respondent. The stage came when the appellant in order to show her domination and pride used to humiliate and insult respondent on every possible occasion and pick up fight almost every day. Whenever, respondents father or brother or relatives came to visit the respondent, the appellant would ill-treat them and fight with the respondent as to why they were there and they should leave immediately. When the niece of the respondent, namely Urmila, got married on 2.5.1995, the respondent invited the couple to his residence on 4.5.1995, the appellant not only objected but rather ridiculed the respondent.

.(E) One of the brothers of the respondent, namely, Sh. I.S. Mehra, an IPS Officer (U.P. Cadre), expired on 29.10.1993. The appellant objected to the dead body being brought from Lucknow to 31, Ashok Road, New Delhi (Official residence of the respondent/appellant at that point of time). Even the wife of Sh. I.S. Mehra, who was also an IPS Officer (U.P. Cadre) expired on 12.10.1997. Therefore, their children, namely, Vertika and Vivek, came to stay with the responde





































































































































































































































































































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