UDAY KUMAR SHARMA Vs. PRIYA SHARMA

JUDGEMENT

(1.) The instant appeal is against the judgment and decree dtd. 12/7/2018 passed in Civil Suit No.145-A/2016 by the Family Court, Camp Court Katghora, District Korba Chhattisgarh whereby application under Sec. 13(1)(i-a) of the Hindu Marriage Act, 1955 (for short 'Act of 1955') filed by the husband seeking a decree of divorce on the ground of cruelty was dismissed. The present appeal is by the husband.

(2.) The husband filed a petition for divorce stating inter-alia that he was married to Priya Sharma on 19/5/2015 as per Hindu rites and rituals. After a week of marriage, on 26/5/2015 in morning, the husband saw that the wife was lying unconscious on bed and she was unable to breathe properly. The wife before her marriage was habituated to consuming liquor and Tobacco related Gutka, Pan Mashala and Mutton etc and after the marriage, she continuously used to consume such things and was spitting here and there in the room and also insisted for eating non-veg in intoxicating condition. On 30/12/2015, the wife tried to commit suicide by putting fire on her clothes but she was saved by the relatives of husband. It is further stated that without information she used to run away to the roof and tried to commit suicide by jumping over the roof, which shows her mental abnormality. The husband also pleaded that twice the wife has tried to consume pesticides. She frequently used to wander inside and outside the house with inner clothes and when the husband and his family members objected to such act, she threatened them to falsely implicate in criminal case. It is also stated that whenever she becomes pregnant, she used to take contraceptives and got rid of the pregnancy against the will of the husband and thereby she caused miscarriage. On 2/1/2016, she was taken to Psychiatrist Dr. V.P. Bajpai and thereafter referred to Dr. Prakash Narayan Shukla, Raipur. The husband was also threatened by the wife and in-laws to send him to jail for demand of dowry and cruelty, therefore, the husband made a complaint against brother and mother of the wife in Police Station Banki Mongra as well as Superintendent of Police, but the complainant was advised to take recourse to the procedure in a Court of law because of non-cognizable offence. Wife has abused and misbehaved with husband as well as his family members and also threatening to commit suicide. In such circumstance, the husband was not in a position to live with the wife and requested to grant a decree of divorce.

(3.) Per contra the wife, in her reply contended that she does not have any habit of consuming intoxicants as alleged by the husband and it is the husband who used to usually come at late nights in an inebriated condition and she does not have any habit of tobacco related intoxication like Pan, Tambaku, Gutka. It is pleaded that she is an educated lady and was previously working as a teacher. The husband and her mother-in-law had misbehaved with her and taunting her regarding dowry. She was medically treated by Dr. V.P. Bajpai on 2/1/2016 and thereafter, the husband has taken her to Dr. Prakash Narayan Shukla, Raipur. On 8/1/2016, and when Dr. Shukla had given advice to admit her in the hospital, but the husband took her back to the home without admitting in hospital. It is stated in her reply that neither she nor her relatives had ever threatened the husband and in-laws. It is also contended that when she was not admitted in hospital by her husband in Raipur and without providing any treatment, husband sent the wife to her maternal house on 20/2/2016, thereafter, her family members have arranged to treat her by Dr. Shukla Hospital where she was admitted for 21 days. She has further stated that the husband was negligent and careless.