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2015 Supreme(All) 3791

ALLAHABAD HIGH COURT
S.S. Chauhan, Anant Kumar, JJ.
Shailesh Kumari - Appellant
Versus
Amod Kumar Sachan - Respondent
First Appeal No. - 91 of 2006
Decided On : 06-11-2015

Advocates Appeared:
For the Appellant : I.B.Singh, Ashok Sinha, Saket Misra
For the Respondent: Pushpila Bisht, Dr.L.P.Misra

JUDGMENT

S.S. Chauhan, J.

This appeal has been filed challenging the judgement and decree dated 21.02.2006 passed by the trial court, by means of which marriage solemnised between the appellant and the respondent dated 15.2.1989 has been dissolved by a decree of divorce.

2. The facts relating to the present dispute are that respondent filed a suit under Section 13 of the Hindu Marriage Act (fro short 'the Act') for dissolving the marriage with the appellant dated 15.2.1989 by a decree of divorce on 26.10.2002 alleging therein that marriage between the respondent and the appellant was solemnised on 15.2.1989 at the residence of the appellant situate in District Kanpur Dehat according to Hindu rites and customs in presence of family members, relatives and friends of the parties. The respondent is having degrees of MBBS and MD and is a qualified doctor and was doing private practice at the time of marriage. The appellant also happens to be a qualified doctor having BAMS degree and she was at the relevant time posted as Medical Officer in Ayurvedic Hospital, Chunar, District Mirzapur. It is alleged that the appellant was having superiority complex in her mind and so she behaved roughly with the respondent at the initial stage. The respondent has to struggle a lot for establishing himself in the profession and during the infancy of the profession income of the respondent was almost nil. The appellant on the other hand was a Government employee and was drawing a handsome salary. The respondent always tried to cooperate with the appellant, but the appellant kept on mounting her hostile attitude. The respondent always tried to maintain the matrimonial obligations and tolerated the cruel behaviour of the appellant and within the period of seven years, he became the father of three children, namely, Km. Garima Shekhar aged about 11 years, Km. Deep Shikha aged about 10 years and Master Raj Shekhar aged about 6 years. The respondent devoted himself to the profession and in a short period of time, he gained excellency in his profession and established Shekhar Hospital as a branch name in the city of Lucknow. The appellant took a long leave and remained in the house like a boss from 1989 to 1997 to give support to the respondent. Since the respondent was living in a joint family along with his father, mother, two sisters and one brother, the behaviour of the appellant had never been kind towards his family and she always used hot and bad language to his father, mother, sisters and brother and bhabhi and habitual in insulting all those during whole time. Unfortunately, the elder brother of the respondent expired in the year 1996 (1998) and it became the duty of the respondent to look after the family of his elder brother, who were living along with the respondent. It is alleged that appellant wanted to throw them from the house and, therefore, she made allegation of illicit relation with his bhabhi, which caused great mental agony to the respondent and it is burning example of cruelty against the respondent. The appellant soon after the death of respondent, made allegations and started quarreling and beating the respondent and continued mental and physical injury to the respondent till bhabhi of the respondent left the house in the year 1998 (2000). The relations of the appellant had never been cordial with any of the family members and she never fulfilled her marital obligations towards father-in-law, mother-in-law, sisters-in-law as well as her own children. Everybody was feared that anytime the appellant can beat and abuse them without any rhyme or reason. The appellant left the house of the respondent for her parental house (Maika) after quarreling, abusing and beating the respondent and his family members many times during the last 13 years of her married life and since the parents and other members of the appellant were fully aware of the attitude of the appellant, so she was sent back to the respondent's house. The hospital of the resp





























































































































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