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High Court Of Madhya Pradesh
S. P. SRIVASTAVA, R. B. DIXIT
SURBHI AGRAWAL - Appellant
Versus
SANJAY AGRAWAL - Respondents
L. P. A. 50 Of 1997
Decided On : 12/09/1999
HINDU MARRIAGE ACT - SECTION 13(1)(A) - CRUELTY - CONDONATION - DIVORCE - JUDICIAL SEPARATION - MAINTENANCE - RETURN OF ARTICLES - SUIT FOR JUDICIAL SEPARATION - COUNTER-CLAIM FOR DISSOLUTION OF MARRIAGE - MAINTENANCE - RETURN OF ARTICLES - APPEAL - LETTERS PATENT APPEAL - FINDINGS OF FACT - CONCURRENT FINDINGS - INTERFERENCE.
Fact of the Case:
The appellant-wife filed a suit for judicial separation and return of articles along with cash and maintenance. The husband/defendant filed a counter-claim for dissolution of marriage on the grounds of cruelty. The trial court dismissed the wife's suit and allowed the husband's counter-claim. The wife appealed to the High Court, which dismissed the appeal. The wife then filed a Letters Patent Appeal.
Finding of the Court:
The court held that the wife's allegations of cruelty against the husband and his family members were false and malicious. The court also held that the wife's conduct amounted to cruelty as contemplated under the Hindu Marriage Act. The court further held that the wife's acts of cruelty were not condoned by the husband. The court also held that the trial court's findings of fact were concurrent and did not require interference.
Issues: 1. Whether the wife's allegations of cruelty against the husband and his family members were false and malicious? 2. Whether the wife's conduct amounted to cruelty as contemplated under the Hindu Marriage Act? 3. Whether the wife's acts of cruelty were condoned by the husband? 4. Whether the trial court's findings of fact were concurrent and did not require interference?
Ratio Decidendi: 1. The court held that the wife's allegations of cruelty against the husband and his family members were false and malicious based on the evidence on record, including the wife's statement before the Magistrate and the search warrant execution. 2. The court held that the wife's conduct amounted to cruelty as contemplated under the Hindu Marriage Act based on the wife's false allegations, her pressurizing the husband to live separately, and her involvement in criminal proceedings against the husband and his family members. 3. The court held that the wife's acts of cruelty were not condoned by the husband based on the wife's subsequent acts of cruelty and the lack of any cohabitation or other act of condonation. 4. The court held that the trial court's findings of fact were concurrent and did not require interference based on the settled principle that concurrent findings of fact are not amenable to interference in a letters patent appeal.
Final Decision: The court dismissed the wife's Letters Patent Appeal and upheld the decree of the trial court dismissing the wife's suit for judicial separation and allowing the husband's counter-claim for dissolution of marriage.
( 1 ) THIS letters patent appeal preferred by the wife is directed against the decree passed by the learned single Judge, whereunder dismissing her first appeal filed under the provisions of the Hindu Marriage Act, the decree of the trial Court allowing the counter-claim of the husband/defendant for dissolution of marriage of the appellant and dismissing her suit for judicial separation and for recovery of some of the articles but accepting her claim for the grant of maintenance subject to certain conditions, was upheld.
( 2 ) IN the present appeal, the appellant has prayed for the allowing of the appeal and setting aside of the decree passed by the learned single Judge confirming the judgment and decree of the trial Court and has prayed for a decree for judicial separation.
( 3 ) HOWEVER, during the pendency of the appeal, the appellant filed an application being I. A. No. 5858/99 on 26-7-1999, wherein she has prayed that the words "and decree for judicial separation may kindly be passed in favour of the appellant" be deleted. With the deletion of the aforesaid words, the only relief claimed in this appeal will remain for setting aside of the judgment and decree passed by the learned single Judge confirming the judgment and decree of the trial Court with costs.
( 4 ) THIS appeal is therefore treated to be so confined in its scope.
( 5 ) WE have heard Shri Dhartipakad Madanlal Agrawal, the brother of the appellant-wife, in support of this appeal in her presence. She has executed the power of attorney in his favour authorising him to present her case and make the submissions in support of the appeal on her behalf. We have also heard the learned counsel representing the respondent-husband and have carefully perused the record.
( 6 ) THE facts in brief shorn of details and necessary for the disposal of this appeal lie in a narrow compass : The appellant-wife had filed an application under Section 10 of the Hindu Marriage Act on 21-3-1991 registered as the suit giving rise to this appeal praying for a decree of judicial separation and return of the articles detailed in the Schedule-A attached to the application along with cash and further praying for a direction requiring the defendant-respondent to pay her an amount of Rs. 1000/- per month for her maintenance.
( 7 ) IN the aforesaid application, the appellant had challenged that she had been married with the defendant-husband on 28-4-1986 in accordance with the Hindu religion. She had asserted that her husband, the defendant, and the members of his family continuously harassed her on account of dowry and the husband as well as the members of his family tortured her both physically and mentally. A daughter was born to her out of their wedlock on 28-4-1990 but the husband and his father and mother did not allow the new born baby to sleep with her and the said new born daughter died on 12-12-1990, when she was with the sister-in-law of the defendant. It was claimed that apparently the husband had treated her with mental cruelty. She also alleged that the defendant and his family members did not permit her to use or utilise the goods/articles she had received in dowry. The father of the husband/defendant used to call her to massage his feet in the night and on her refusal used to torture her in various ways. She further asserted that after the death of her daughter when her brother tried to meet her, he was not permitted. In the end, he moved an application before the Court and initiated judicial proceedings and saved her life. She had prayed for a decree of judicial separation on the allegations that she was being meted out at the instance of the defendant-husband not only with mental but physical cruelty. Apart from the decree of judicial separation, she also claimed a decree for the return of the articles, cash detailed in Schedule-A of the plaint and Rs. 1000/- towards maintenance.
( 8 ) THE suit of the plaintiff was contested by the defendant-husband denying
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