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IN THE HIGH COURT OF ALLAHABAD
BINOD KUMAR ROY, LAKSHMI BIHARI
DEEPIKA ALIAS BABY - Appellant
Versus
NARESH CHANDRA SINGHANIA - Respondents
First Appeal 181 Of 1998
Decided On : 11/02/1999
HINDU MARRIAGE ACT - SECTION 13 - DIVORCE - CRUELTY - INTERPRETATION - WIFE'S ALLEGATIONS OF HUSBAND'S IMMORAL CHARACTER - ABSENCE OF PLEADINGS OR STATEMENTS - NOT AMOUNTING TO MENTAL CRUELTY - HUSBAND'S FAILURE TO PROVE WIFE'S CRUELTY - RESTITUTION OF CONJUGAL RIGHTS - WIFE TURNED OUT OF HOUSE WITHOUT REASONABLE CAUSE - HUSBAND'S FAILURE TO MAKE EFFORTS FOR RECONCILIATION - WIFE'S WILLINGNESS TO LIVE WITH HUSBAND AND CHILDREN - RESTITUTION OF CONJUGAL RIGHTS DECREED.
Fact of the Case:
Husband filed for divorce on grounds of cruelty, alleging wife's harassment, misbehavior with parents, false accusations of immoral character, and physical assault. Wife contested, claiming dowry harassment and denial of conjugal rights. Trial court granted divorce and dismissed wife's suit for restitution of conjugal rights.
Finding of the Court:
The court found that the husband failed to prove the wife's cruelty. The wife's allegations of the husband's immoral character were not pleaded or stated in court, and thus could not be considered mental cruelty. The husband also failed to prove that the wife pushed him, causing a fracture, as claimed. The court held that the wife was turned out of the house without reasonable cause and that the husband made no efforts for reconciliation, despite the wife's willingness to live with him and their children.
Issues: 1. Whether the wife's alleged cruelty, including accusations of the husband's immoral character, amounted to mental cruelty under Section 13 of the Hindu Marriage Act. 2. Whether the husband proved the wife's cruelty, including the alleged physical assault causing a fracture. 3. Whether the wife was turned out of the house without reasonable cause and whether the husband made efforts for reconciliation. 4. Whether the wife's willingness to live with the husband and children entitled her to restitution of conjugal rights.
Ratio Decidendi: 1. The court held that the wife's allegations of the husband's immoral character, in the absence of pleadings or statements in court, did not amount to mental cruelty. 2. The court found that the husband failed to prove the wife's cruelty, including the alleged physical assault causing a fracture. 3. The court held that the wife was turned out of the house without reasonable cause and that the husband made no efforts for reconciliation, despite the wife's willingness to live with him and their children. 4. The court held that the wife's willingness to live with the husband and children entitled her to restitution of conjugal rights.
Final Decision: The appeals were allowed. The trial court's judgments and decrees were set aside. The husband's suit for divorce was dismissed, and the wife's suit for restitution of conjugal rights was decreed.
( 1 ) AS both these Appeals involved common questions of law and facts and which were placed and heard together, hence are being disposed of by this common judgment.
( 2 ) BOTH these appeals have been filed by the wife, against the common judgment and decree dated 10-3-1998 passed by the learned Family Judge, Meerut decreeing Suit No. 808 of 1993 filed by the respondent-husband for divorce under Section 13 of the Hindu Marriage Act and dismissing Suit No. 530 of 1993 filed by the wife under Section 9 of the said Act for restitution of conjugal rights.
( 3 ) SUIT No. 808 of 1993 filed by the respondent-husband was transferred vide order dated 17-10-1995 passed by this Court in Civil Misc. Transfer Application No. 155 of 1995, to the Family Court at Meerut to be tried and heard along with suit No. 530 of 1993, Smt. Deepika v. Naresh Chand Singhania, and the Family Court was directed to dispose of the proceedings expeditiously perfectly within a period of four months from the date of receipt of the record of Ghaziabad. On 4-7-1996, the Family Court consolidated both suits, as common questions were involved and the parties were the same. Suit No. 808 of 1993 was made the leading case.
( 4 ) IN Suit No. 808 of 1993, which the0 respondent-husband instituted for divorce, his case in brief that the parties were married on 15-4-1988 according to Hindu rites. After about 5 months of the said marriage, the wife started insisting for living separately from his parents and upon being refused, the wife started harassing him and misbehaved with his parents and created an atmosphere of disharmony in the family and under the compulsion, he started living separately from his parents. Thereafter, the wife started accusing him as a person of lose character and using filthy and objectionable words. Not only this, she used to insult his friends, relatives and accuse even their wives of having illicit relation with him. This behaviour of the wife caused mental agony to him and consequently he had to isolate himself from his friends and relatives. In the month of June, 1989 a son, and in July, 1991, a daughter were born to them. She misbehaved with his parents, brother and sister and abused his parents and used filthy language and also attempted to assault his parents and threatened even to get him beaten by her brother and also to get him implicated in false case of dowry. About two years ago, the wife gave her parents the golden ornaments weighing about 15 tolas without informing him and on being asked she refused to give any information. On 14-6-1993, 21-6-1993 and 5-7-1993, he wrote letters to Durga Mahila Samiti, Sanjay Nagar Sector-23, Ghazizbad mentioning therein about the cruel behaviour of his wife and his miserable life and requested the Samiti for help. The wife threatened to skill the children, get him implicated in false cases. The office bearers/workers of the said Mahila Samiti came to his house and tried to reconcile but she threatened him. On 21-6-1993 her parents and brother along with other persons came to his house to beat him and his family members and on 26-6-1993 she threatened to go to Meerut without his consent. On 14-7-1993, when he came to the house in the evening, she abused him and picked up quarrel regarding studies of the children and assaulted him and raised hue and cry and misbehaved with him, upon which many persons of the neighborhood including Jai Narain, Mahesh Chand and Smt. Vimla came there. In the morning she abused him and used insulting words like bastard and dog etc. and threatened to burn herself, and when the husband started going out, she snatched his bag and caught hold of him by his collar on the road and many men and women of the locality came there and rescued him. On 15-7-1993 when he was not in his house, in the evening her father and brother along with some other persons came to the house, abused his mother and threatened her with dire consequences. In this regard, the Durga Mahila Samiti wrote a l
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