- (1.)This is wife's appeal against the divorce decree prepared pursuant to the judgment and order dtd. 21/2/2018, passed by the family court in a suit instituted under Sec. 13 of the Hindu Marriage Act' 1955 (hereinafter referred as Act' 1955), namely the Matrimonial Petition No. 1614 of 2013, by the respondent-husband. Introduction:-
(2.)The divorce petition was filed on 27/11/2013 on the grounds of cruelty and desertion. As per the statement therein, the parties got married on 22/11/2009 and at the time of marriage, the respondent/petitioner was working as a Fighter Pilot in the Indian Air Force and was posted as Flight Lieutenant in Badmer, Rajasthan. It was stated therein that for few days after marriage, the appellant went to stay with the respondent to the place of his posting but she could not adjust herself. The appellant wife was studying the B.Tech (Electronics and Instrumentation Engineering) course at the time of marriage and with the inspiration of the respondent husband, she could complete her studies. But after getting the degree, the appellant started pressurizing the respondent to allow her to take up a job in the NCR namely Delhi/Noida/Gurgaon region. It was further stated in the divorce petition that the family members of the appellant and the appellant herself were clearly informed by the respondent husband at the time of marriage itself, that she would not be allowed to take up any employment because of the nature of the job of the respondent and the appellant-wife and her family members had agreed to the said condition put before marriage. It was contended therein that while putting pressure to take up employment in a place like Delhi/Noida/Gudgaon, the appellant wife became annoyed and started quarreling frequently with the respondent. With a view to get the respondent dismissed from services of the Indian Air Force, the appellant started complaining to higher Officials of the Force and this attitude of the appellant had resulted in undermining the position of the respondent and he had suffered indignation. The appellant started committing cruelty both physically and mentally upon the respondent. On account of the ill-behaviour of the appellant, the respondent who was working as a Squadron Leader, Flying MIG-21 and other fighter jet, started suffering mentally and physically and did not remain in the position to discharge his responsibilities to his full potential and devotion in the interest of the Nation. All efforts made by the respondent/petitioner and his family members to pacify the appellant went in vain and she remained adamant with her demands. On account of her attitude only, the appellant could not conceive (bear a child) and the respondent and his family members had suffered mental stress also due to the said reason.
(3.)On 23/11/2011, while the respondent/petitioner was on duty, in his absence, the brother of the appellant and one more person came to their house at Ambala Cantt. and, in execution of their preconceived plan, all valuables, jewellery, clothes, cash, diamond sets, F.D., ATM cards, bank passbooks etc. were collected by the appellant and she started making preparations for going to her parent's home at Meerut. At that point of time, on an intimation given by the wife of an Officer who was a neighbour, the respondent came to his house from the duty at around 2:00 P.M. and saw that the appellant alongwith the above two persons had already kept her luggage in a car and was ready to go to Meerut. All efforts made by the respondent to persuade the appellant (wife) proved futile and the appellant started misbehaving with him, remained adamant and left the respondent (husband) as against his wishes to go to her parent's home. The information of this incident was given by the respondent to his parents, who also went to the house of the appellant at Meerut and tried to persuade her. It was stated that the appellant refused to listen to anyone and remained adamant on her demand that she wanted to take up a job in Delhi/Noida/Gudgaon area and if the respondent wished he could leave his job to live with her, which was not possible for the respondents.