SADHNA SINGH (SADHNA JANA) WIFE OF JAGATPAL SINGH Vs. JAGATPAL SINGH, SON OF RAMDAS SINGH

JUDGEMENT

(1.) This appeal is directed against judgment dated 30.11.2011 passed in Civil Suit No.170-A of 2009 by which respondent's application for grant of decree of divorce on the ground of cruelty has been allowed and decree has been passed in his favour.

(2.) Respondent-Husband filed an application for grant of decree of divorce on the pleadings that the parties were married on 27.2.2004. The applicant/respondent was a widower. His first wife Malti died in April 2002. The applicant/respondent got advertisement published in the newspaper and, thereafter, appellant came out with the offer and later on, marriage was solemnized. It was also pleaded that the wife/appellant did not disclose true information and the respondent/husband was misled on many important particulars with regard to her status and other credentials.

(3.) As far as allegation of cruelty is concerned, it was pleaded that when the husband started inquiring about the caste status and mark sheet, the appellant-wife got enraged. She used to leave matrimonial house frequently without informing and return after many days. On certain occasions, appellant-wife was seen with unknown males and females and they all started threating the husband that if demand of the wife - Sadhna are not accepted, husband and his other family members would be falsely implicated in cases, on account of which, the respondenthusband was living in agony. It was further pleaded that the wife insisted that if the house is not registered in her name, she would get him involved in dowry case. She also used to subject the respondenthusband to mental cruelty and assault. It was also pleaded that on one day, respondent -husband was wrongfully confined in a room for seven hours. The lock of the room could be opened only when his son-in-law came and rescued him. Respondent -husband is already suffering from after effects of head injury. A false criminal case of commission of offence under Section 498-A IPC was also registered against the respondent-husband which was finally closed and the respondenthusband was acquitted vide judgment dated 20th October 2005. It was further pleaded that appellant-wife was in the habit of hurling abuses not only in the house but also in the open road and because of quarrel, such incidents happening every day, respondent/husband felt agonized, suffered from mental stress and it is now harmful for him to continue with the wife anymore. Further pleading was that when respondenthusband was detained in jail, wife demanded cash of Rs.20 lakh and also registration of the house in her name, gift of two cars and also divorce. He was threatened that if her demands are not fulfilled, she will ensure that he continues in jail. His residential house has been illegally occupied and the respondent - husband and children have been thrown out. Appellant- wife also extended threat of committing suicide and involving in criminal case in respect of which, report was also lodged in the police station. She indulged in his character assassination by making allegation and getting the news published in newspaper, namely 'Evening Times" and also in certain TV channels. She used to come late in the night and also hurled abuses by standing on the road and also pelting stones which has adversely affected reputation of respondent -husband by making false allegation with the help of certain NGOs'. Respondent-husband is being falsely implicated. She has been hurling abuses and leveling accusation on the husband. She used to spit on the respondent-husband alleging him as impotent. She used to make allegation against daughter, mother etc. It was also pleaded that wife insisted the husband to go for unnatural sex and indulged in abuses and assaulting and branding the husband as impotent. In this manner, respondent-husband has been subjected to cruelty. No cohabitation has been taken place between the parties since 20th October 2005.