ISHAN SHARMA Vs. SWATI SHARMA
LAWS(MPH)-2017-6-157
HIGH COURT OF MADHYA PRADESH
Decided on
June 30,2017
Ishan Sharma
Appellant
VERSUS
Swati Sharma
Respondents
Referred Judgements :-
RUSSELL V. RUSSELL [REFERRED TO]GOLLINS V. GOLLINS [REFERRED TO]
N G DASTANE VS. S DASTANE [REFERRED TO]
SIRAJMOHMEDKHAN JANMOHAMADKHAN VS. HAFIZUNNISA YASINK HAN [REFERRED TO]
SHOBHA RANI VS. MADHUKAR REDDI [REFERRED TO]
V BHAGAT VS. D BHAGAT MRS [REFERRED TO]
CHETAN DASS VS. KAMLA DEVI [REFERRED TO]
PRANEEN MEHTA VS. INDERJIT MEHTA [REFERRED TO]
A JAYACHANDRA VS. ANEEL KAUR [REFERRED TO]
VINITA SAXENA VS. PANKAJ PANDIT [REFERRED TO]
SAMAR GHOSH VS. JAYA GHOSH [REFERRED TO]
SUMAN KAPUR VS. SUDHIR KAPUR [REFERRED TO]
JUDGEMENT
S. K. Gangele, J. -
(1.)Appellant has filed this appeal against the judgment dated 17/01/2013 passed by the trial court in Civil Suit No. 41-A/2012.
(2.)The marriage of the appellant was solemnized with the respondent on 06/07/2007 at Bhopal in accordance with Hindu rituals and customs. At the relevant time, the appellant was working as Assistant Professor in Indian Institute of Technology, Kanpur. The respondent at the time of marriage was working as Research Scientist in Rainbaxy Company at Gurgaon. She left service after six months of marriage. In November, 2009 the respondent went to South Korea for prosecuting Ph.D. Course thereafter, she was studying at USA for certain period. The relations between the respondent and appellant were strained although both are highly educated, hence, appellant filed a suit for divorce under Section 13(1)(i)(ia) of the Hindu Marriage Act, 1955 for dissolution of marriage.
(3.)The appellant pleaded that respondent practiced with him cruelty and it was not possible for him to live with the respondent. Behavior of the respondent was not proper from the beginning of marriage. When the appellant and respondent both had gone for Honeymoon in July, 2007. The respondent humiliated him and also accused him of infidelity. In the month of October, 2007 the respondent attempted to commit suicide by trying to slit her wrists. Her behavior was rude and rustic. It became more aggressive day by day . She also tried to jump out from the car when appellant was driving the car on GurgaonDelhi Highway. In between the period 2007-09 when both couple stayed at Kanpur, respondent locked the appellant inside a room for several hours and created nuisance. She left the house several times at night and sat out in the open in the bitter cold embarrassing the appellant. The conduct of the respondent was communicated to her parents. In December, 2008, the respondent had thrown phone at the head of the appellant and again in the month of October, 2009 misbehaved with the appellant and made bald and wild allegations against him and his mother.
(2.)The marriage of the appellant was solemnized with the respondent on 06/07/2007 at Bhopal in accordance with Hindu rituals and customs. At the relevant time, the appellant was working as Assistant Professor in Indian Institute of Technology, Kanpur. The respondent at the time of marriage was working as Research Scientist in Rainbaxy Company at Gurgaon. She left service after six months of marriage. In November, 2009 the respondent went to South Korea for prosecuting Ph.D. Course thereafter, she was studying at USA for certain period. The relations between the respondent and appellant were strained although both are highly educated, hence, appellant filed a suit for divorce under Section 13(1)(i)(ia) of the Hindu Marriage Act, 1955 for dissolution of marriage.
(3.)The appellant pleaded that respondent practiced with him cruelty and it was not possible for him to live with the respondent. Behavior of the respondent was not proper from the beginning of marriage. When the appellant and respondent both had gone for Honeymoon in July, 2007. The respondent humiliated him and also accused him of infidelity. In the month of October, 2007 the respondent attempted to commit suicide by trying to slit her wrists. Her behavior was rude and rustic. It became more aggressive day by day . She also tried to jump out from the car when appellant was driving the car on GurgaonDelhi Highway. In between the period 2007-09 when both couple stayed at Kanpur, respondent locked the appellant inside a room for several hours and created nuisance. She left the house several times at night and sat out in the open in the bitter cold embarrassing the appellant. The conduct of the respondent was communicated to her parents. In December, 2008, the respondent had thrown phone at the head of the appellant and again in the month of October, 2009 misbehaved with the appellant and made bald and wild allegations against him and his mother.
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