Punjab-Haryana High Court
Anand Bhushan Bhardwaj vs Nirmala on 22 August, 1989
Equivalent citations: I(1990)DMC464
JUDGMENT S.S. Dewan, J.
1. The husband Anand Bhushan Bhardwaj is aggrieved against the judgment and decree of the Additional District Judge, Faridabad, whereby his petition for dissolution of marriage by decree of divorce was dismissed.
2. The marriage between the parties took place on November 24, 1984 at Khurja. It is the common case of the parties that they have been living apart since November, 1984. It is the case of the husband that on 30-11-1984 when he went to his in-laws house at Khurja (UP.) to take his wife back, she refused to come along with him and told him that she had no love and regard for him that she had illicit relations with some one else even prior to the marriage. The husband sought divorce on the grounds of adultery and cruelty by the wife. The wife contested the petition and denied the allegations levelled against her and pleaded that it was the husband who was cruel towards her and wanted more dowry and that when she failed to oblige him, she was deserted by her husband without any justiciable cause.
The pleadings of the parties gave rise to the following issues :--
(1) Whether the petitioner is entitled to a decree of divorce on the grounds taken up in the divorce petition ? OPP. (2) Relief.
3. The trial Court found that the husband has failed to discharge his onus of proving the charge of adultery or that he was treated with cruelty by the wife.
4. So far as the charge of adultery is concerned, Mr. Sudhir Aggarwal learned counsel for the husband has candidly conceded that there being not a scintilla of evidence adduced by the husband to prove this charge, the trial Court has rightly found that the allegation of adultery has not been proved against the wife. As regards the other ground, namely, cruelty, this too cannot be sustained having regard to evidence that has come on record. The case of the husband rests on his own statement corroborated by that of his mother Smt. Premwati PW 2. Smt. Premwati has deposed that Anand Bhushan did not want to marry with Smt. Nirmala and he even showed his reluctance to put 'Vermala' on her at the time of marriage but he was prevailed upon to do so by his father. This clearly indicates that it is not the wife who had no love or affection for her husband but on the other hand the husband had no liking for his wife and he married her only on the asking of his father and now he intends to get rid of her. It is also admitted by the husband that Smt. Nirmala had filed a suit for permanent injunction against him restraining him from contracting second marriage with Kamlesh Sharma of Ballabgarh City and that suit was decreed in her favour by the Additional Senior Sub Judge, Faridabad. That clearly shows that the husband was all out to break the marital ties with his wife. The evidence led by the wife Smt. Nirmala inspires confidence and was rightly accepted by the trial Court.
5. Taking an overall view of the evidence on record and the attending circumstances, the trial Court rightly came to the conclusion that it was the wife who had been deserted by the husband and not the other way round and that no contempt or disrespect had been shown by the wife towards her husband. The husband was thus rightly denied a decree for divorce on these grounds.
6. The impugned judgment and decree of the trial Court, thus warrant no interference. This appeal is accordingly dismissed with costs. Counsel's fee Rs. 300/-.