D. V. Sehgal, J. - (1.) This appeal is directed against the judgment and decree dated 13-3-1986 of the learned Additional District Judge, Patiala, whereby a petition under section 13 of the Hindu Marriage Act (for short "the Act") for dissolution of the marriage, filed by the husband-respondent against the wife-appellant, has been allowed and a decree of divorce has been granted.
(2.) The appellant, a widow, and the respondent, a divorcee, were married according to Sikh religious on 8-10-1981 at Thanesar. It was a simple marriage ceremony. From his previous wife, the respondent has two daughters, the younger one was living with his divorced wife while the elder one was with him. In his petition, the respondent complained that it was not disclosed to him but it was found out after the marriage that the appellant had begotten a child from her first husband by a cesarean operation. After the marriage, the parties lived together of Patiala along with the respondent's elder daughter. The appellant, before her marriage and even thereafter was employed as a teacher and was posted at Kurukshetra. After spending some days together, the appellant joined her duty at Kurukshetra and was visiting the matrimonial home at Patiala from time to time. The respondent himself was employed as a Clerk in a Bank at Patiala. He states that he allowed the appellant to continue with her job and to visit the matrimonial home at convenient intervals in the interests of a happy married life. He, however, requested her to resign her job but she declined to do so. She rather changed her attitude and started misbehaving with him at this. The respondent felt betrayed as, according to him, a breach of trust had been committed by her and her parents as he was assured before marriage that she would give up the job. However, to normalize the situation and, as a matter of adjustment, he got himself transferred to Pehowa, a station nearer to Kurukshetra and kept his residence at Kurukshetra where the appellant was in service. However, the behaviour of the appellant did not change. She started misbehaving more and more and even started beating his daughter who was living with them. The appellant gave severed beating to the child on several occasions which he could rot tolerate. The appellant knew fully well that the respondent had immense love for the child and, in order to tease him, she used to inflict grave injuries on the innocent mind of the child. He reminded the appellant about the agreement that she would fully look after his daughter like her own child but she did not care for it. He continued to put up with the appellant even under such adverse circumstances. In order to please her, he also purchased, from his own pocket, a plot measuring 307 square yards at Kurukshetra in the name of the appellant. On 16-1-1983, a female child was born to the appellant by a cesarean operation at Kurukeshtra Civil Hospital. He attended on her during the period of her confinement at the hospital and did his best within his means but the attitude of the appellant towards his daughter from the previous marriage worsened and even the parents of the appellant staried interfering with their household affairs by misleading her. One day, Chatur Singh and Avtar Singh, the brothers of the appellant, came to the residence of the respondent and grossly misbehaved with him and manhandled him. At this he apprehended danger to his life and decided to shift to Pehowa where he was posted. At Pehowa the appellant started misbehaving with him and his daughter even more. She was cruel to the child so much so that the child would start weeping on seeing her. He apprehended danger to the life of the child at the hands of the appellant and was left with no alternative but to deliver her custody to his previous wife. One day, the appellant came to the Branch of the Bank where he was posted and abused and misbehaved with him and his colleagues. Later, the appellant along with the respondent came to Patiala and started living there. She, however, continued her tortuous behaviour with him and on 26-9-1983 when he was away to his office, she secretly took away all the valuables and ornaments including the goods of the respondent and went to her parents' house. Then the following incidents happened:- (i) On 15-10-1983 and 18-10-1983, the appellant came to the office of the respondent at Patiala and attacked him, called him bad names, manhandled him and misbehaved, thereby she lowered down the prestige of the respondent in the eyes of his colleagues and officers. It was with great persuasion that his colleagues succeeded in sending her back. She even shouted at them, On 19-10-1983, she again came to the office of the respondent and again misbehaved with him and his colleagues. (ii) On 23-10-1983 when the respondent along with his friends reached his residence, the appellant came abruptly, pounced upon him and broke his spectacles. She even struck him with a Chappal and, by shouting at the pitch of her voice, collected the inhabitants of the Mohalla. The respondent again had to shift his residence due to loss of his prestige caused by the appellant on account of this incident. On the same day, he came to know that she along with her brothers met the higher authorities of the Bank at their residence to harass and coerce him. Further, Chatar Singh and Avtar Singh, brothers of the appellant, came to his house on 11-2-1984 and threatened him with dire consequences and to finish him.
(3.) It was thus alleged in the petition that the appellant and her brothers, Chatar Singh and Avtar Singh, were guilty of misbehaving with the respondent in the presence of his friends, colleagues and relatives. She never behaved as a good wife, always insulted and humiliated him and taunted him, she never acted in a good manner, she misbehaved and maltreated him, she is guilty of cruelty, the has caused mental as well as physical cruelty to him and to his daughter, and her acts have caused reasonable apprehension in his mind that it would be harmful and injurious for him to live with her under the same roof. On these allegations of cruelty, a prayer was made by him in the petition moved under section 13 of the Act for dissolution of the marriage by a decree of divorce.;