2013 Supreme(Del) 1329
High Court of Delhi
S. RAVINDRA BHAT & NAJMI WAZIRI, JJ.
Pushpa Rajai
Versus
Jai Prakash Lalwani
MAT. APP. (FC) No. 3 of 2013 & CM 7056 of 2013 (maintenance), CM 7057 of 2013 (delay)
Decided on : 10-10-2013
Advocate Appeared:
For the Appellant:Jai Bansal, Advocate.
For the Respondent: Nemo.
Headnote:
Hindu Marriage Act, 1956 - Section 13 (1) (a) - Matrimonial appeal - Divorce - Cruelty - Withdrawal of suit on basis of compromise - Fresh cause of action - Previous instances of cruelty had been obliterated in view of the settlement between the parties - Allegation of an illicit relationship with his sister-in-law and niece of the respondent itself constitutes cruelty - Appellant did not rebut this during her cross-examination - Manifestation of cruelty was inflicted upon the respondent after the settlement agreement and it continued till the impugned judgment was pronounced - Appellant did not condone this cruelty, which had also led to disruption of the family life of his relatives - Held, judgment of the Family Court is based upon sound evidence - Decision to dissolve the marriage on the ground of cruelty calls for no interference - Appeal is dismissed.
Najmi Waziri, J.
1. This is a matrimonial appeal arising out of judgement and order of the Family Court dated 11th February, 2013 in HMA No. 686/2010 (“impugned order”) whereby the marriage between the parties was dissolved on grounds of cruelty. The divorce petition filed under Section 13 (1) (a) of the Hindu Marriage Act, 1956 by the respondent/husband had alleged a number of acts of cruelty, inter alia, of (a) the appellant/wife being quarrelsome and non cooperative towards him and his family members; (b) her confiding that the marriage was against her wishes and not to a person of her choice; (c) her inability to respect him and his family members; (d) constant pressurising by her for living separately; (e) her visiting her maternal home frequently, where she stayed for months together and her quarrelling whenever the issue was raised by the respondent/husband; (f) her being inhospitable to guests; (g) her rude and indiscreet conduct towards his friends, and to relatives and neighbours; (h) denial of conjugal relationship; (i) constant threats to commit suicide and implicate him and his family members in criminal cases in case her demands were not met; (j) frequent visits by the elder sister of the appellant/wife who interfered in their day-to-day life; (k) compelling the respondent/husband to leave his job in Muscat and moving to Ahmedabad where he had extreme difficulty in finding a job; (l) forcing him to hand over his entire salary to her, etc. The husband had contended that despite his according her due care and affection and ensuring proper medical care during her pregnancy, she was adamantly quarrelsome and left the matrimonial home along-with her child on 4th November, 2011. He had further contended that she repeatedly complained to the police, alleging harassment by and concocting false cases against the respondent/husband and his family members. On 14th February, 2002, she received her entire jewellery/stridhan pursuant to a case she had filed in Bhavnagar (Gujarat) under Section 114 IPC and sections 3 and 7 of the Dowry Prohibition Act. In another proceedings under Section 125 of Cr.P.C., she was awarded maintenance of Rs.1,000/-per month for herself and Rs.600/- per month for the minor daughter.
2. It further appears that the respondent/husband started living in Rohini from 15th August, 2002 after he got a new job; the appellant/wife was still residing at her maternal home. On 19th January, 2005, the respondent/husband and his mother visited the appellant/wife at her maternal home and sought to bring her back, but she refused to join them. This effort was repeated by the respondent/husband on 3rd September, 2005, and after much persuasion, she did join him, but did not adjust with him. The respondent/husband had contended that she continued to be cruel to him and yet again left the matrimonial home on 23rd September, 2005, along-with the minor daughter. He had also contended that while leaving she threatened him for his life.
3. A divorce petition was filed on 13th September, 2007 by the respondent/husband. However, the parties compromised their differences before the learned ADJ-1, Rohini, and started living in a rented accommodation in Sector 5 in Rohini from 27th July, 2009, where the respondent/husband’s other family members also resided. However, even thereafter, according to the respondent/husband, the appellant/wife refused to have any conjugal relationship (sexual relations) with him and continued to be haughty, quarrelsome and aggressive, while contemporaneously threatening to commit suicide by lighting a gas cylinder or pouring petrol on and setting fire to herself. It had also been contended that she even alleged existence of an illicit relationship of the respondent/husband with his sister-in-law (bhabhi) and with his niece. In view of the last allegation, the respondent/husband’s brother shifted to another house on 8th July, 2010 too, so as to escape from the atrocities and uncouth behav