Insertion made in the document after execution held material interpolation.

S. P. SRIVASTAVA

Feeling aggrieved by the judgment and order of the Family Court decreeing the Suit of the husband filed under Section 13 of the Hindu Marriage Act and annulling the marriage solemnized between the parties to the suit on 20-11-1975 providing, however, that the decree of annulment of marriage will come into effect on the payment of a lump sum amount of Rs. 5 lacs to the wife towards maintenance allowance to her, the wife has now approached this Court by means of the present First Appeal seeking redress praying for the reversal of the impugned decree.

2. We have heard the learned counsel for the wife - appellant as well as the learned counsel representing the husband - respondent and have carefully perused the record.

3. The facts in brief shorn of details and necessary for the disposal of this appeal lie in a narrow compass.

4. The Suit giving rise to this appeal had been filed on 9-1-1997 claiming a decree of divorce and annulment of the marriage praying for "Setting the petitioner (husband) at liberty from the marital ties". The husband had come up with the case that he had been married to the defendant-wife on 20-11-1975 out of which wed-lock three sons were born. It was claimed that the wife was a woman of hard temperament and rude behaviour. After the marriage, she had been picking up quarrels not only with the husband but also with his parents and creating scenes and insisting upon for separate residence. The wife and her father, who was running a business at Bombay, had been playing tricks with the husband and dodging him from the very inception. The wife was a cunning woman and was hungry for wealth and acting in conspiracy with her parents, had trapped the petitioner/plaintiff in such a way that whatever assets were made by the petitioner were ostensibly taken in her name.

5. It was further alleged that in May, 1994 while the husband along with the wife and children had visited the place of his father-in-law in connection with his Golden Wedding Anniversary, the petitioner had detected that the wife was indulging in vulgarity amounting to un-chastity with a doctor namely Vishwas Raut. Her conduct was highly unbecoming of a married woman. Husband had started living separately from the wife from May, 1994. The wife had also attempted to poison him in February, 1995. The wife had started misbehaving with the husband and creating scenes making the life of the husband very miserable. She had started using physical criminal force and had been causing physical hurt to the petitioner. She had been using abusive language highly unbecoming of her status. Her attitude showed that she wanted alimony from the petitioner-husband so that she may live comfortably with all wealth with her paramour.

6. It was also claimed that in the absence of the husband, the wife had even forcibly broken the locks of his apartment at Chitrakoot and the cupboard kept there and had removed valuable unit certificates, shares certificates, Bank and PPF Pass-books, jewellery and other important papers. The wife with a view to make the petitioner financially a wreck had clandestinely with drew an amount of Rs. 9.50 Lacs from the account of Nikhil Rubbers (P) Ltd. maintained in standard chartered bank on 19-6-1996 and transferred the same to her personal account and withdrew the same. She had also lodged a false First Information Report under Section 420/467/468/471, IPC against the petitioner to get him arrested. Criminal case bearing No. 256 of 1996 had ben registered and the petitioner has to face the trial. The wife had also gone to another factory of the husband along with the police and created a situation where the husband had been beaten up. She had employed Goonda elements not only to kill the husband but also to take over the factory. The wife got made publication in the newspapers openly undermining his status in the Society alleging that he was an employee and he had abandoned his job in May, 1996. She had managed to get th