- (1.) This first appeal from decree arises out of a judgment and decree passed by Additional Principal Judge, Family Court, Lucknow in Regular Suit No.1162 of 2006 and Regular Suit No.1939 of 2007 both dated 03.05.2008, whereby the suit for divorce on the ground of cruelty being Regular Suit No.1162 of 2006 was dismissed and the suit for restitution of conjugal rights being Regular Suit No.1939 of 2007 filed by the respondent no.2 under Section 9 of the Hindu Marriage Act, was decreed with costs.
(2.) The facts in brief are that the appellant was married to the respondent no.2 on 29.01.1996 as per hindu customs at Pratapgarh and after marriage, the respondent no.2 came to live with the appellant at his matrimonial home. After the marriage, the appellant being in provincial police service left for training and the respondent went to the house of her parents. The respondent no.2 on 28.07.1997 gave birth to a female child who is now aged seventeen years. The allegations of the appellant in his suit filed for divorce are that the respondent no.2 is an open minded lady and has always been discourteous to the appellant. She always used to enter into scuffle with the appellant on petty matters and treated him with physical as well as mental cruelty. The cruelty of the respondent no. 2 was to such an extent that when the younger brother of the appellant was going to be married on 19.01.2004, the respondent no.2 did not attend the marriage on the pretext that she did not want to keep any relation with her in-laws. It has further been pleaded by the appellant that sometimes the respondent no.2 used to threaten to consume poison, in case he did not agree to her demands. The appellant was residing in the official residence allotted to him, but when the relations between them became strained and the appellant found it difficult to live with the respondent no.2, he took another house on rent. On the aforesaid allegations, the appellant sought decree for divorce dissolving the marriage between them on the ground of mental and physical cruelty.
(3.) The respondent no.2 contested the suit by filing written statement in which she admitted the factum of marriage, but denied the allegations with regard to any type of cruelty. She pleaded that she has always been obeying not only to her husband but also to her in-laws and discharged her marital obligations till she lived with the appellant. When the respondent no.2 was pregnant and was not keeping good health, she had to shift to her parental house. The appellant at that time was posted at Calcutta, where she also lived with the appellant for some time. After giving birth to a female child, as soon as the respondent no.2 became fit, she again came to her matrimonial home and served them to their satisfaction. It has also been stated by the respondent no.2 in her written statement that since the respondent no.2 had given birth to a female child, the in-laws were not happy and did not even provide her a proper diet as a result of which, she developed complications and again had to shift to the house of her parents. The younger brother of the appellant, namely Anand was having affairs with a Bengali girl and it was only because of the efforts made by the respondent no.2 that the parents of the appellant agreed to the marriage of Anand with that Bengali girl. She has also stated that in spite of all these, she was not invited to attend the marriage of her brother-in-law. However, when she came to know about the marriage, she herself proceeded to attend the marriage by car from Lucknow to Allahabad but unfortunately the car met with an accident near Bachhrawan and as such she could not attend the marriage. The respondent no.2 in her written statement also made allegations of illicit relationship of the appellant with some other girl. It has been stated by her that during the period she lived with the appellant, she noticed that the appellant used to talk on mobile phone during late night hours and some times used to remain out during night also. When the respondent no.2 contacted the other staff of the office of her husband, they disclosed that the appellant was having illicit relations with some girl and even during duty hours, he used to talk with that girl for hours. When the respondent no.2 made a detailed inquiry, she came to know that her husband was having a affair with a girl, namely, Stuti Tiwari, resident of Kanpur, who was residing at Delhi. When the respondent no.2 complained about this extra marital affair, the appellant admitted having relations with that girl. The respondent no.2 then made complaint to the other Senior Officers of the Police Department, but they refused to intervene saying that it was their personal matter and they did not want to interfere in it. The respondent no.2 having no other alternative wrote a letter to the Director General of Police for settlement upon which a departmental inquiry was set up in which the statement of all concerned were recorded. On the basis of the aforesaid pleadings, the respondent no.2 prayed that it was the appellant, who treated her with cruelty and as such the appellant should not be given any decree of divorce.;