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2016 Supreme(Del) 3530

IN THE HIGH COURT OF DELHI AT NEW DELHI
PRADEEP NANDRAJOG, PRATIBHA RANI, JJ.
AVINASH MAAN - Appellant
Versus
SANJANA MAAN - Respondent
MAT.APP.(F.C.) 106 of 2016
Decided on : 19-09-2016

Advocate Appeared:
For the Appellant :Mr.Babu Lal & Mr.Kuljeevan Sidharth, Advocates.
For the Respondent:Ms.Chanchal Sharma, Advocate

Headnote:

Air Force Act, 1950 - Section 92(i) - Maintenance - Departmental action - Scope of - Husband never neglected to maintain her - Wife was not willing to accept the amount voluntarily paid as per his means - Statutory remedy can be availed but only under the compelling circumstances when neglect could be shown - Projecting of the husband without any material to substantiate the accusations before his employer in a manner that may call for departmental action against him, is an action of causing mental cruelty.

Marriage Act, 1955 - Section 13(1)(ia) - Matrimonial dispute - Cruelty - Dissolution of marriage - Scope of - Husband has quoted numerous incidents of cruelty - Matrimonial journey was not smooth - Relationship between mother-in-law and daughter-in-law was also not cordial - Mental cruelty caused to the husband by the wife - All the allegations which could affect the career of the husband professionally and also lower down his reputation in the eyes of his superior was made by wife - Dowry demand was not an issue - Wife preferred not to examine herself despite numerous opportunities - Proceedings were conducted on her complaint in Air Force Station - Wife tendered apology for her past acts of misconduct to her husband and father-in-law - Held, this act amount to cruelty - Mere denial in the written statement would not wipe out the scar on the husband - Appeal is allowed.

JUDGMENT :

PRATIBHA RANI, J.

1. The appellant/husband has preferred this appeal assailing the judgment and decree dated April 23, 2016 whereby the petition filed by him under Section 13(1)(ia) of Hindu Marriage Act for dissolution of his marriage with the respondent/wife has been dismissed by the learned Judge, Family Court.

2. The appellant/husband joined Indian Air Force as Corporal in the year 2002. The marriage between the parties was solemnised on December 01, 2008 as per Hindu rites and customs. Both the parties are from rural area of Delhi as can be inferred from their respective addresses given in the petition. The marriage has been consummated. They are issueless.

3. In the petition seeking dissolution of marriage the appellant/husband has quoted numerous incidents to establish that right from the inception the matrimonial journey was not smooth. There were issues not only about doing the household work, the relationship between mother-in-law and daughter-in-law was also not cordial. The appellant/husband felt that the conduct of his wife with the passage of time became more stubborn and even her family members including her maternal Uncle used to complain that the respondent/wife was being treated as a maidservant. Whenever the appellant/husband tried to make her understand not to misbehave with his family, the advice remained unheeded by his wife so much so that she even stopped talking to him.

4. Both the parties have filed their written submissions.

5. On behalf of the appellant/husband it has been submitted that the various instances of cruelty referred to in the petition seeking dissolution of marriage and proved by the appellant/husband as well PW-2 & PW-3 were sufficient to prove the extent of mental cruelty caused to the appellant/husband. It has been submitted that the finding given by the learned Judge, Family Court is against the evidence adduced by the petitioner especially when so far as respondent/wife is concerned, she has not even cared to complete her statement which in itself is sufficient to draw adverse inference against her.

6. Learned counsel for the respondent while supporting the decision rendered by the learned Judge, Family Court, has referred to the cross-examination of the appellant/husband admitting that the respondent/wife was not taken for honeymoon instead taken to family’s Guruji at Pune. Referring to the complaints made to the Indian Air Force authorities it has been contended that these complaints do not constitute cruelty as the respondent/wife was trying to save the marriage with the help of the employer of her husband and also to seek maintenance from the department as per rules.

7. While referring to the observations made by the Family Court that the expectation of the wife to live with him at the place of posting was genuine and rather it was the husband who miserably failed to perform his matrimonial obligations and thus subjected the respondent to utmost cruelty, rather than vice-a-versa, he prayed for dismissal of the appeal.

8. We have considered the rival contentions. On going through the pleadings and the evidence on record we find that the appellant/husband has narrated in detail the instances of alleged cruelty being caused to him.

9. The incident of misbehaviour even by brother of his wife with his family in January, 2010 and complaints made by the respondent/wife to Indian Air Force allegedly caused mental cruelty to the extent that he insisted for divorce even during the meeting dated May 04, 2011 at Air Force Station, Begumpet, Hyderabad.

10. For the purpose of disposal of this appeal, we will ignore the instances prior to January, 2010 terming them as normal wear and tear in life or the quarrel being of a trivial nature not sufficient to constitute a ground to seek divorce for causing mental cruelty.

11. The instances causing mental cruelty as pleaded in the divorce petition w.e.f. January, 2010 onwards are:

(i) In January, 2010 marriage of brother of respondent/wife was to be







































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