Neelam Kumar vs Dayarani

2. The marriage between the parties took place on December 7, 1986 and they lived together first at Ankleshwar and later at Vadodara. There is no child from the wedlock.

3. According to the appellant, barely after 8 or 9 months of the marriage, the wife (respondent in this appeal) became quite aggressive and insulting, and started treating him and his family members in a cruel manner. He tried to make adjustments in the hope that she would correct herself but finally, when it became impossible to carry along with her, he filed the petition for dissolution of marriage under section 13(1)(ia) of the Act, on grounds of cruelty. In the application filed by the appellant, it was stated that his wife objected to his giving any financial assistance to his family and especially for the marriage of his sister and she always quarreled with him over the matter. It was alleged that at the time of his sister's marriage she raised an alarm that her ornaments were missing and cast suspicion on the groom's mother. Later on, the alarm turned out to be false, causing huge embarrassment to him and his family. Such incidents and the respondent's behaviour and conduct towards the appellant made him the laughing stock in the town. He changed residence, but that too did not help to salvage his position. The respondent used to leave for office early and returned very late. When the appellant remonstrated over her timings she became very angry and even threatened to implicate him in a dowry case. In those circumstances, the appellant had even contemplated committing suicide but was held back by friends and relatives. The appellant also gave certain instances as evidence of her cruelty to him. In 1989, despite his advice to her not to go for attending his brother's marriage since she was pregnant, she 3 undertook the travel and participated in the marriage. As a result, she suffered a miscarriage there and, ironically, held the appellant and his family responsible for it. In 1994, the appellant sustained some injuries in an accident and had to undergo medical treatment. At that time she was living in a different town where she was posted in connection with her service. Despite intimation given to her she did not come to look after him and to give him moral support because she did not want to take leave from the work. Again she did not come to serve his mother and to support her when she was admitted to a hospital for her eye surgery.

4. The respondent denied all the allegations made against her by the appellant. She stated that she did not act cruelly or even disrespectfully towards the appellant or her family members. Her case was that she was in service from before her marriage and her marriage with the appellant was on the clear understanding that she would not be forced to leave the service. But a short while after their marriage, the appellant changed his mind and demanded that she should give up working. She was not agreeable to this and this seemed to hurt his pride. Further, their marriage failed to produce any child. This became another source for his estrangement from her and he eventually filed the divorce petition wanting to get rid of her.

5. Before the trial court the appellant examined himself, his sister Rashmi and two of his neighbours from Vadodara, as witnesses, in support of his case. The respondent did not get herself examined nor did she produce 4 any witness. On the basis of the ex parte evidence adduced before it, the trial court allowed the appellant's application and granted him the decree of divorce under section 13(1)(ia) of the Act.

8. The High Court found that the judgment of the trial court was mainly based on three allegations cited by the appellant as instances of the respondent's cruelty. First, she put the blame on the appellant and his family members for the miscarriage suffered by her when she went to attend the marriage of the appellant's brother, against his advice. The High Court pointed out that the miscarriage would have caused the greatest distress and 5 pain to the respondent and instead of sympathizing with her, the appellant chose the incident to cite as an instance of her cruelty. This showed not the cruelty of the respondent but the complete insensitivity of the appellant himself. The High Court also observed that a marriage in the family is an occasion for rejoicing in India in which the all family members are supposed to participate. If the respondent had failed to go to attend the marriage of her husband's brother, then also she would have been liable to be blamed.

10. Having thus dealt with all the allegations made by the appellant and having considered the materials on record in some detail, the High Court found that the appellant had not been able to bring his case under section 13(1)(ia) of the Hindu Marriage Act. It, accordingly, allowed the respondent's appeal and set aside the judgment and decree passed by the trial court.

14. On a consideration of the submissions made on behalf of the parties and the materials on record, we find no merit in this appeal. It is, accordingly, dismissed but with no order as to costs.