Jagdish Singh vs Madhuri Devi

3. Short facts of the case are that the marriage between appellant and respondent was solemnized on May 27, 1974 as per Hindu rites and ceremonies. For some time the relations between the parties went on well. A female child Seema was born from the said wedlock in 1980. It is the allegation of the husband that the wife did not co-operate with him and his family members. She started pressurising the husband to live separately from his parents, brothers and sisters. According to the husband, however, he was the eldest son of his parents and was not in a position to oblige the wife by living with her. He had to support his old parents and also to look after future of his brothers and sisters who were dependent on him. Since the husband did not accede to the demand of the wife, her behaviour towards the husband and his family members became rude. She started threatening the husband that if he would not concede to her demand of living only with her, he had to suffer consequences. The husband, however, was hopeful that in course of time, the wife will get settled and there would be no problem. Unfortunately, however, with the passage of time, the situation turned from bad to worse and she started deliberately mis-behaving not only with the husband but also with his old parents. She was violent on petty issues and small matters. She used to insult them on one pretext or the other and made the situation intolerable.

4. The appellant-husband, is a teacher and belongs to a respectable family. The above acts of the respondent-wife lowered down and tarnished the image of the appellant and his family in the society. It had also caused mental and physical agony to him. The respondent did not mend her ways. In or about January, 1984, she left matrimonial home with her brother in absence of the appellant without just or reasonable cause leaving her minor daughter Seema and taking all ornaments and jewelleries. The appellant and his family members made several efforts to bring respondent to the matrimonial home, but she did not return. The appellant persuaded her that she should at least consider the interest and well-being of Seema who needed love and affection of the mother, but it had no effect whatsoever on the respondent. The appellant was deprived of conjugal rights. Her conduct and behaviour towards appellant, his family members and a minor daughter resulted in physical and mental cruelty to the appellant.

5. The matter did not end there. With a view to harass and humiliate the appellant in the society, the respondent-wife filed a civil suit on April 17, 1992 (Smt. Madhuri Devi v. Jagdish Singh) in the Court of learned Munsif Sadar, Pratapgarh for permanent injunction alleging therein that the appellant-husband was likely to enter into second marriage and since the first marriage with the plaintiff (wife) was subsisting, the defendant (husband) had no right to perform second marriage. She also prayed for interim injunction. Ex parte injunction was granted by the Court, but after hearing the parties, the application was dismissed and injunction was vacated. Against the said order, the respondent had preferred an appeal which is pending.

6. In spite of all this, the appellant tried to persuade the respondent to come back to matrimonial home. But the respondent refused to stay with the appellant. So much so that when the appellant arranged Seema's marriage and informed her, she did not attend it. In view of all the circumstances, the appellant filed a divorce petition being Case No. 209 of 1992 in the Family Court, Allahabad under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') on two grounds, (i) Desertion; and (ii) Cruelty. The Family Court, after considering the evidence led by the parties, decided both the issues in favour of the appellant and passed a decree of divorce granting dissolution of marriage.

7. Being aggrieved by the decree passed by the trial Court, the respondent-wife preferred an appeal in the High Court of Judicature at Allahabad which was allowed. It reversed the decree of the Family Court and dismissed the divorce petition instituted by the appellant-husband. It is this order which is challenged in the present appeal by the husband.

21. In view of above, according to the High Court, the Family Court was wrong in holding that there was cruelty on the part of the wife or that she deserted the matrimonial home. The findings recorded by the Family Court were not well-founded and the appeal was required to be allowed. Accordingly, the appeal was allowed and the decree passed by the Family Court was set aside.

(emphasis supplied)

33. Three requisites should normally be present before an appellate court reverses a finding of the trial court;

(i) it applies its mind to reasons given by the trial court;

(ii) it has no advantage of seeing and hearing the witnesses; and

(iii) it records cogent and convincing reasons for disagreeing with the trial court.

35. Unfortunately, in the instant case, the said exercise has not been undertaken by the High Court. So-called conclusions reached by the High Court, therefore, cannot be endorsed and the decree passed in favour of the wife setting aside the decree of divorce in favour of the husband cannot be upheld. The order, therefore, deserves to be quashed and set aside and is hereby set aside.

38. For the foregoing reasons, the appeal is allowed, the judgment and decree passed by the High Court in First Appeal No. 1008 of 1999 is set aside and the matter is remanded to the said Court for fresh disposal in accordance with law. The High Court will decide it as expeditiously as possible.

39. Before parting with the matter, we may clarify that all the observations made by us in this judgment are only for the limited purpose to show that the High Court was not right in setting aside finding of facts recorded by the Family Court without recording reasons for such reversal and without keeping in view the scope of powers of first appellate Court. But we may not be understood to have expressed any opinion finally one way or the other on the merits of the matter. As and when the matter will be placed before the High Court it will be decided on its own merits without being influenced by any observations made by us.

40. On the facts and in the circumstances of the case, the parties shall bear their own costs.