2004 Supreme(P&H) 1017
PUNJAB & HARYANA HIGH COURT
V.M.Jain, J.
Asha Gupta Alias Anju Gupta
Versus
Rajiv Kumar Gupta
First Appeal Order No. 139 of 1998,
Decided On : SEPTEMBER 8, 2004
Act Referred
INDIAN PENAL CODE : S.406, S.498(a)
Headnote
Cruelty - Divorce - S. 13 of the Hindu Marriage Act - [S. 13] - [Summary of Acts and Sections discussed: The court discussed S. 13 of the Hindu Marriage Act and the grounds for divorce based on cruelty. The court also highlighted the illegality of granting divorce on the ground of irretrievable breakdown of marriage.]
Fact of the Case:
The husband filed a petition seeking dissolution of marriage by decree of divorce, alleging that the wife had treated him with cruelty. The wife denied the allegations and filed a written statement, contesting the petition.
Finding of the Court:
The trial Court granted the decree of divorce in favor of the husband, holding that the wife was guilty of cruelty. The wife appealed against this decision.
Issues: The main issue was whether the wife had treated the husband with cruelty after the solemnization of marriage.
Ratio Decidendi: The court found that the husband failed to prove that the wife had treated him with cruelty. It also highlighted the illegality of granting divorce on the ground of irretrievable breakdown of marriage.
Final Decision: The appeal was allowed, the judgment and decree passed by the trial Court were set aside, and the divorce petition filed by the husband was dismissed with no order as to costs.
1. This appeal has been filed by the appellant-wife against the judgment and decree dated 27-7-1998, passed by the Additional District Judge, Chandigarh, vide which the divorce petition filed by the husband was allowed and the marriage between the parties was dissolved by decree of divorce.
2. The facts in brief are that Rajiv Kumar Gupta (husband) had filed petition under S. 13 of the Hindu Marriage Act, at Delhi, against his wife Smt. Asha Gupta alias Anju Gupta, seeking dissolution of marriage by decree of divorce. It was alleged in the said petition that the marriage between the parties was solemnised on 26-10-1986 and after the marriage the parties lived together as husband and wife till 26-9-1987 and since then the parties were residing separately. It was alleged that on the first night after marriage, the respondent-wife had told him that her marriage with him was solemnised against her wishes and that she was forced to marry him by her parents and elder brother and that she was not interested in the marriage. It was alleged that when the petitioner tried to have sexual relations with her on the first night after marriage, she avoided it on some pretext on that night and for some days thereafter and that the sexual intercourse was performed for the first time when the parties had gone for honeymoon to Shimla, Kullu and Manali. It was alleged that in November, 1985, she told him that she would like to live separately from the joint family upon which the petitioner expressed his inability. It was alleged that after coming back to Delhi from honeymoon, the respondent did not attend to domestic work and used to get up late and when he asked her to help his old mother in domestic work she threatened him and asked him that he should live separately with her. It was alleged that in December, 1985 she expressed her desire to do some work, whereupon he asked her to get her certificates but the certificates did not come and in one of the letters written by her to her brother he found that she had told her brother not to send the certificates till the date of birth in the certificates was changed. It was alleged that subsequently when the certificates were received, it was found that there was great difference in her age as told to him at the time of marriage and as mentioned in the certificates. It was alleged that on account of cruel acts and mental torture created by her, the mother of the petitioner started suffering from blood pressure etc. It was alleged that in April, 1986 the petitioner noticed a large bottle of Brahmi Amla Hair Oil with a black liquid in it and on inquiry, the respondent revealed that she was having grey hair and was dying the same, which fact was concealed from the petitioner. It was alleged that on 26-5-1986, the brother of the respondent took the respondent to Moga for delivery and she gave birth to a male child on 23-6-1986 in Singla Nursing Home, Moga and in the first week of August, 1986, when the petitioner went to Moga to meet her and the child, during his 3-4 days stay there, he came to know that she was not the youngest child of the family even though it was proclaimed that she was the youngest. It was alleged that the respondent lived at Moga till middle of November, 1986 when the petitioner brought her back to Delhi along with the child to his newly rented house, which was taken by him on rent on her insistence and thereupon the parties started residing together, separate from his parents and brother w.e.f. 15-11-1986. It was alleged that in that house the respondent became more aggressive as there was no one to watch her and she used to pick up quarrels with petitioner every day without any provocation and she used to get up late and the petitioner used to take his breakfast and lunch at Dhabas and had to wash his own clothes and also used to clean house and utensils. It was alleged that the respondent never attended to the household works. It was alleged that on 17-11-1986 and 30-12-