IMPORTANT POINT
A dead marriage must be given a decent quietus.

JUDGMENT

Sharad Kumar Sharma, J.—The instant First Appeal, has been preferred by the plaintiff/appellant by invoking Section 28 of the Hindu Marriage Act, whereby the plaintiff/appellant, has put a challenge to the impugned judgement dated 13th September 2010 and a consequential decree, as passed on it on 20th September 2010 by the Court of District and Sessions Judge, Tehri district at new Tehri in Original Suit No. 35 of 2007, Umesh Chandra Chamola Vs. Smt. Seema. As a consequence of the impugned judgement and decree, the Suit preferred by the plaintiff/appellant, seeking dissolution of marriage dated 18th May 2001, had been dismissed.

2. This case revolves around a very peculiar facts and circumstances. The case of the plaintiff/appellant, in the proceedings, as drawn before the learned trial Court on 24th July 2007, it was based upon a fact, that the marriage between the plaintiff/appellant and the defendant/respondent, was solemnized on 18th May 2001, in accordance with the Hindu customs and rituals, which initially continued for certain time under a cordial relationship. As a consequence thereto, the defendant/respondent, had given birth to a girl child, who was born out of the marriage on 31st March 2002.

3. The allegations of the plaintiff/appellant in the proceedings of the Original Suit was, that immediately after the marriage which was held on 18th May 2001, though despite the fact that a girl child was born within 10 months, of the wedlock, but later on, the sour relationship between the husband and the wife, in their matrimonial relationship started germinating and there were several set of vexatious allegations, which had been levelled by the plaintiff/appellant in the proceedings drawn under Section 13 of the Hindu Marriage Act, which was almost akin to the proceeding drawn by the plaintiff/appellant under Section 10 of the Hindu Marriage Act.

4. Before proceeding to deal with the instant case, which engages consideration under the proceedings under Section 13 of the Act, the brief genesis which is required to be referred to is, that on 7th June 2007, the plaintiff/appellant, is said to have filed the proceedings of Original Suit No. 13 of 2004, Dr. Umesh Chandra Chamola Vs. Smt. Seema, by invoking the provisions contained under Section 10 of the Hindu Marriage Act, seeking judicial separation of marriage dated 18th May 2001, which was later on got decided by an order which was passed upon it on 14th September 2005.

5. The various contentions which were raised by the plaintiff/appellant, in the proceedings before the Court below, as it was held under Section 13 of the Hindu Marriage Act were the allegations pertaining to the dislikes expressed by the respondent wife, towards the appellant husband, and further, that the parents of the defendant/respondent had solemnized her marriage under the influence of the government service, which the plaintiff/appellant was said to have been engaged with, and it was alleged by the plaintiff/appellant, that the defendant/respondent, had raised an allegation that the marriage solemnized on 18th May 2001 was against her wishes.

6. It is contended by the plaintiff/appellant, that on the aforesaid averments, which were made by the defendant/respondent, the plaintiff/appellant, was taken by shock and was not in a position to sustain the marriage, because gradually the atrocities of the respondent wife is contended, to have aggravated with the passages of time which was making the matrimonial relation as to be unbearable for each other.

7. The plaintiff/appellant, in his defence in the Suit has submitted, that initially the allegations of atrocities, which were said to be exercised and as professed by the respondent/wife, were taken lightly owing to the fact, that he endeavour to sustain the marriage owing to the fact, that out of the wedlock, a girl child was born and she was to be taken care of.

8. The plaintiff/appellant had submitted, that when despite the birth of a girl child,