- (1.) AS both these Appeals involved common questions of law and facts and which were placed and heard together, hence are being disposed of by this common judgment.
(2.) BOTH these appeals have been filed by the wife, against the common judgment and decree dated 10- 3-1998 passed by the learned Family Judge, Meerut decreeing Suit No. 808 of 1993 filed by the respondent-husband for divorce under Section 13 of the Hindu Marriage Act and dismissing Suit No. 530 of 1993 filed by the wife under Section 9 of the said Act for restitution of conjugal rights. Suit No. 808 of 1993 filed by the respondent-husband was transferred vide order dated 17-10-1995 passed by this Court in Civil Misc. Transfer Application No. 155 of 1995, to the Family Court at Meerut to be tried and heard along with suit No. 530 of 1993, Smt. Deepika v. Naresh Chand Singhania, and the Family Court was directed to dispose of the proceedings expeditiously perfectly within a period of four months from the date of receipt of the record of Ghaziabad. On 4-7-1996, the Family Court consolidated both suits, as common questions were involved and the parties were the same. Suit No. 808 of 1993 was made the leading case. In Suit No. 808 of 1993, which the respondent-husband instituted for divorce, his case in brief that the parties were married on 15-4-1988 according to Hindu rites. After about 5 months of the said marriage, the wife started insisting for living separately from his parents and upon being refused, the wife started harassing him and misbehaved with his parents and created an atmosphere of disharmony in the family and under the compulsion, he started living separately from his parents. Thereafter, the wife started accusing him as a person of lose character and using filthy and objectionable words. Not only this, she used to insult his friends, relatives and accuse even their wives of having illicit relation with him. This behaviour of the wife caused mental agony to him and consequently he had to isolate himself from his friends and relatives. In the month of June, 1989 a son, and in July, 1991, a daughter were born to them. She misbehaved with his parents, brother and sister and abused his parents and used filthy language and also attempted to assault his parents and threatened even to get him beaten by her brother and also to get him implicated in false case of dowry. About two years ago, the wife gave her parents the golden ornaments weighing about 15 tolas without informing him and on being asked she refused to give any information. On 14-6-1993, 21-6-1993 and 5-7-1993, he wrote letters to Durga Mahila Samiti, Sanjay Nagar Sector-23, Ghazizbad mentioning therein about the cruel behaviour of his wife and his miserable life and requested the Samiti for help. The wife threatened to skill the children, get him implicated in false cases. The office bearers/workers of the said Mahila Samiti came to his house and tried to reconcile but she threatened him. On 21-6-1993 her parents and brother along with other persons came to his house to beat him and his family members and on 26-6-1993 she threatened to go to Meerut without his consent. On 14-7-1993, when he came to the house in the evening, she abused him and picked up quarrel regarding studies of the children and assaulted him and raised hue and cry and misbehaved with him, upon which many persons of the neighborhood including Jai Narain, Mahesh Chand and Smt. Vimla came there. In the morning she abused him and used insulting words like bastard and dog etc. and threatened to burn herself, and when the husband started going out, she snatched his bag and caught hold of him by his collar on the road and many men and women of the locality came there and rescued him. On 15-7-1993 when he was not in his house, in the evening her father and brother along with some other persons came to the house, abused his mother and threatened her with dire consequences. In this regard, the Durga Mahila Samiti wrote a letter on 6-7-1993 to the Station Officer, Police Station Kavi Nagar, Ghaziabad to protect him. On 15-7-1993, the wife quarreled with him and pushed him down as a result of which he sustained injuries and his right elbow was also fractured and thereafter the wife went to her father's house along with valuable articles and ornaments leaving children and hurling abuse. Her said behaviour caused mental agony to him, as such, it had become impossible to lead marital life with her.
(3.) THE appellant-wife contested the suit and denied the allegations made by the respondent-husband in the plaint. Her case, in brief, is as follows- Her father gave sufficient dowry in the marriage but her husband and the members of his family were not satisfied with the dowry and used to harass her and their behaviour was not cordial with her. She went on tolerating the torture in the hope that gradually the children will grow up and the things will be set at right. Her husband is employed in the Accounts Section in M/s. Rathi Alloy and Steel Ltd. , Delhi and has also invested money in the share market. In 1992 unfortunately he suffered loss of about Rupees 1. 5 to 2 lakh and consequently pressed her to bring Rs. 50,000/- from her father but her father could not meet the said demand, as his financial condition was not sound. THErefore, from August-September, 1992, his behaviour towards her became very cruel and he started beating her. On 14-7-1993, he beat the son in connection with his studies and when she objected, she was also beaten by him and in the morning of 15-7-1993 he turned her out of his house in the clothes she was wearing and retained the children with him in order to put undue pressure on her. With great difficulty she came to her father's house. THEreafter her father and relatives went to his house several times and tried to settle the matter, but they insisted on their demand of Rs. 50,000/ -. Her that her husband deprived her of his and the children's company without any reasonable cause. No one from Durga Mahila Samiti came to her when she was at her in-laws house. She never made any accusation against his character nor has abused him or his family members. While living at her In-laws' house she tried to fulfil her obligations yet her husband and his family members harassed her as they were not satisfied with the dowry. Her husband is a clever person and he withdrew money from her account in Ghaziabad without her signature by exerting influence yet she is willing to live with her husband and look after her children and does not want to put an end to her marital life. The husband, in his replication, has denied the allegations made by the wife in her written statement and has reiterated his case which he had pleaded in his plaint.;