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MADHYA PRADESH HIGH COURT
Vishal Dhagat and Anuradha Shukla, JJ.
Heeralal Meena – Appellant
versus
Rama alias Rameti – Respondent
First Appeal No.133 of 2007
Decided 26.8.2025
Counsel for the Parties:
For the Appellant:Shri Eshaan Datt, Advocate
For the Respondent: None
IMPORTANT POINT
Divorce – It is ethically and legally acknowledged imperative that Mediator and parties should keep secret of issue identified during pacification procedures and no deviations can be accepted.
Headnote:
Hindu Marriage Act, 1955 – Section 13(1)(1-b) – Divorce – Cruelty by wife – Respondent/wife is making allegations that on account of her disfiguration and physical changes in her appearance, appellant/husband does not want to cohabit with her, but this accusation appears to be far from truth – Respondent/wife is claiming that she was set on fire by relatives of her husband but she not only failed in examining neighbours as witnesses to the incident, but she also did not get any FIR lodged – It is ethically and legally acknowledged imperative that Mediator and parties should keep secret of issue identified during pacification procedures and no deviations can be accepted – Confidence was reposed by parties while engaging in conversation with Presiding Judge in an attempt to settle their dispute but Trial Court failed it when it wrote down behaviour and outcome of conversation in its order-sheet – Respondent/wife has committed mental cruelty with appellant/husband – Marriage solemnized between parties dissolved. (Paras 14, 15, 16, 18 and 21)
Result: First Appeal allowed.
JUDGMENT
Anuradha Shukla, J.—Appellant/husband is assailing the impugned judgment and decree dated 08.11.2006 passed in Hindu Matrimonial Case No.36-A/2006 by the First Additional District Judge, Hoshangabad, by which a divorce petition filed by appellant/husband on the ground of cruelty was dismissed.
2. Undisputed facts in this case are that parties were married on 29.04.2003 according to the Hindu rites and rituals. Out of this wedlock a girl child was born to them. Admittedly, respondent/wife sustained burn injuries in an incident. The fact that parties are living separately since 2005 has not been specifically denied by respondent/wife; therefore, this fact is deemed to be admitted.
3. In divorce petition it is summarily claimed that the behavior of respondent/wife became very unpleasant just after a month from the date of marriage; she had a strong dislike for appellant and used to ill-treat him and give threats on trivial issues; she set her clothes on fire which was successfully put off with much efforts by appellant and his family members. In the meantime, respondent/wife became pregnant and compelled appellant to send her to parental house, but in 8th month of pregnancy appellant forcibly brought her back for institutionalized delivery and got her admitted in Rewa Nursing Home, Hoshangabad where she delivered a girl child. After one month she again went to her parental house alongwith the child and refused to come back. On 16.06.2005, appellant came to her parental house and on his persistent request respondent/wife came back to her matrimonial house, however, on 20.06.2005, she tried to immolate herself by pouring kerosene oil. She sustained burn injuries in this incident and was admitted in the Hospital for almost a month. She suffers from many health problems including passing urine while sitting on chair or bed. A request has, therefore, been made to allow the divorce petition and grant a decree of divorce on the ground of cruelty.
4. Respondent/wife has contested the divorce petition claiming that ever since marriage she was being harassed by appellant and his family members, and she never insisted to send her to parental house; false allegation of suicide by setting her saree on fire was made with intention to counter allegation made in criminal case. After the birth of girl child, appellant and his family members became very hostile and cruel towards appellant and on 20.06.2005 Rama Bai @ Rameti Bai, the mother of appellant, Rameshwar, the brother of appellant and Radha, the sister-in-law (bhabhi ) of appellant jointly poured kerosene oil on respondent/wife and set her on fire. She was rescued by neighbors and was taken to the hospital when her parental relatives arrived. Respondent/wife was very keen to lodge the FIR against the culprits, but for the advice of reputed members of society, she decided not initiated any criminal proceeding. She is always willing to cohabit with appellant and allegations about her ill health or uncontrolled physical condition has no truth. On account of burning, there are some physical changes in her appearance and for this appellant wants to wriggle out of this relationship. A request has therefore been made to dismiss the divorce petition.
5. On the basis of pleadings of both the parties, the trial Court framed the issues and recorded the testimony of both the sides. After considering the merits of the case, the trial Court dismissed the petition, hence this appeal.
6. The grounds raised in this appeal are that the learned Family Court could not appreciate the facts and evidence in correct perspective while dismissing the divorce petition; it was ignored that appellant was repeatedly humiliated and insulted while making attempts to get the respondent/wife back to the matrimonial house, however, she was refusing without any justifiable reason to live with him; it was ignored that the relationship between the parties never rested on affection or mutual respect; respondent/wife de
