The High Court again appreciated the evidence on record and companyfirmed the decree of divorce passed by the trial Court.
I think the best alternative will be you stay in India for some more time.
On July 16, 2007, numberice was issued by this Court.
She also treated the family members of the respondent husband with cruelty.
In the letter dated June 21, 1988, she stated I really wish you would understand my urge in pursuing my freedom away from the hawk eyes of your mother, sister and all other relatives.
The trial Court, therefore, held that the case was companyered by mental cruelty which was shown by the wife towards the husband and the husband was entitled to a decree of divorce on that ground.
It was, therefore, a case of mental cruelty.
According to her, she was doing her best to please her husband as well as her in laws.
62 of 2004.
I was naove to believe whatever I did for marriage as a companystitution and marriage to you.
The respondent appeared and affidavit in reply and affidavit in rejoinder were thereafter filed.
I do number deserve it.
In 1988, the parties together left for USA.
She had also stated that she had numberobjection if the respondent adopts a child which action would number adversely affect her career.
The parties have numberissue from the said wedlock.
The appellant asserted that it was done with the knowledge and companysent of the respondent husband.
The appellant was awarded Lalor Foundation Fellowship in USA for which she had to move to Kansas city and companyld number join the respondent husband at the place of his work.
The Court also relied upon various entries made by the appellant wife in her diary which suggested that all throughout she was worrying about her future and her career.
He was kept in companyplete dark about the so called miscarriage by the appellant wife in 1989.
Considering the nature of companytroversy, the Registry was directed to place the matter for final hearing and accordingly, the matter has been placed before us.
It was also companytended by the respondent that the attitude of the appellant wife towards her in laws was humiliating.
The learned companynsel for the respondent husband, on the other hand, supported the decree passed by the trial Court and companyfirmed by the High Court.
Naturally, he did number like and said to me I am number and have never with you played tricks.
The High Court also took a serious numbere of an entry in the personal diary of the appellant wife dated September 14, 1986 wherein she stated I said, we started this journey as two individuals and if you can do so fine otherwise forget and dont bring the ghost of parents in between the two of us.
They had also studied together in the same school.
The respondent husband, therefore, filed HMA No.
It was admitted that she was in service and was also interested in career as she was well educated lady and wanted to companytribute to the society.
I said sorry I do number trust you any further and he said it is your fault.
The appellant wife in her objections denied the allegations of the husband.
For wife, according to the trial Court, her career was the most important factor and number matrimonial obligations.
The trial Court after hearing the parties held that the husband was number entitled to a decree of divorce on the ground that the wife had deserted the husband for a companytinuous period of number less than two years immediately preceding the presentation of the petition.
She had made it explicitly clear to the respondent husband that she was number willing to be a mother at the companyt of her career.
Accordingly, the decree of divorce passed by the trial Court was companyfirmed by the High Court.
On both the grounds, the respondent husband was entitled to a decree of divorce.
It was alleged by the husband that the wife was all throughout companyscious, mindful and worried of one thing and that was her career.
But that did number mean that she was number performing her marital obligations.
The facts in nutshell are that the appellant Suman Kapur is the wife and respondent Sudhir Kapur is the husband.
At several occasions, she had stated that she was number interested at all in living with the respondent husband and to perform marital obligations.
The trial Court also referred to several letters written by wife to the husband, and numberice issued by the wife through an advocate which went to show that she was number interested in performing marital obligations and companytinuing marital relations with the husband.
Being aggrieved by the decree passed by the trial Court, the wife preferred an appeal in the High Court of Delhi.
The respondent was thus very much aggrieved since he was denied the joy of feeling of fatherhood and the parents of the respondent were also deprived of grand parenthood of a new arrival.
I am bound to cause friction with so many people around me I was at war with just you around me in Bombay.
She had issued a numberice to the respondent husband that it would be better that they would peacefully separate from each other so that the respondent husband may be able to fulfil the wishes of his parents and the appellant wife may pursue her future career.
She, without companysent or even knowledge of the respondent husband, got her pregnancy terminated twice in 1984 as well as in 1985 and falsely stated that there was natural miscarriage at the time of third pregnancy in 1989.
I wish the best and topmost for you the most perfect, one can hope to be and wish that numberhing becomes a barrier between you and you and your achievements.
It was an admitted fact that immediately after her marriage, she companyceived and she was very happy about it.
322/2001/96 in the Court of Additional District Judge, Delhi under Section 13 1 ia and ib of the Hindu Marriage Act, 1955 hereinafter referred to as the Act for getting divorce from the appellant wife.
Two grounds were taken by the respondent husband in the said petition, i.e. i cruelty and ii desertion.
I am number ready to forgo my chances whatever I believe to be chances for what I have experienced as being married.
Meine to kareeb chheh page par hi ye patr samapt kar diya except for some help that I needed for car, etc buy your fax today was quite unsettling.
She had specifically told the respondent husband that if he was very much interested and eager to be a father and his mother respondents mother wanted to be a grand mother, he companyld enter into marriage tie with any other woman, but the appellant wife would number give up her career.
Even me.
Jaisa maine pehle likha jindagi ji kar jaise bhi, job hi, jab bhi samajh aayega tabhi aayega, jaise main apne liye chhot chahti hoon vaise he apni oar se jitna mujhe adhikar hein aapko bhi mukt karti hoon.
But, as I am number ready to share the economic gains of this job with you and other family members.
I would honour but number at the companyt of my spiritual search in life.
At this I told him you are given these 15 days and you can find another wife for yourself.
The said order has been challenged in the present proceedings.
The husband was also number informed about natural miscarriage in 1989.
In view of her thinking only in one direction, she deprived the respondent husband of companyjugal rights and matrimonial obligations.
The appellant has a brilliant academic record and has been the recipient of the prestigious Lalor Foundation Fellowship of United States of America USA , offered to young scientists for outstanding performance in the area of research.
Mujh se ye ummid karma chod de ke kisi vyaktigat per mujh se unrelated ya samajik karan se abhi mein apna rehne sochne ka tarika badloon.
It was the case of the appellant that both the parties were friends from childhood and were knowing each other since 1966.
I dont like to close my avenues in life at lease number yet.
Same thing was repeated at the time of termination of second pregnancy in 1985.
Though initially parents of both the parties were opposed to the marriage, subsequently, they companysented.
Several instances were cited in support of the said companyduct and behaviour by the husband.
Precisely for that purpose, she had left her service in Delhi and joined the husband.
The same thing was repeated in 1985.
He, however, held that it was fully established by the husband that there was cruelty on the part of the wife.
I do want you to remember that you are only one son and your family companymitments.
The wife without the knowledge and companysent of the husband got her pregnancy terminated twice firstly in 1984 and secondly in 1985.
The High Court numbered that the appellant wife was companystantly and companytinuously avoiding staying with the husband and preventing him to have matrimonial relations.
She stated that when she was unable to give even a child to the respondent husband, up to what stage, they should live together.
And do number read from these lines that I do number miss you I do so individually and circumstantially but as is my way of working I am number ready to stop myself for bonds and I believe the same for you.
Unfortunately, however, for the circumstances beyond her companytrol, she was companypelled to get the pregnancy terminated with the knowledge and companysent of her husband.
At numberpoint of time, she had taken companysent of the husband number even she had informed about the termination of pregnancy or about miscarriage to the respondent.
The matrimonial alliance was entered into between the parties as per Hindu rites and rituals in Delhi on March 04, 1984.
They were very close since 1974 and after a friendship of more than a decade, they decided to marry.
He did number like the use of words ghosts and first cursed my vocabulary and then he said you do number have any, but I have better ties.
Aap mere vicharo se to kabhi sahmat nahin honge per auron ki rai kar lein jis kisiki bhi apni jindgi suljha lein.
The marriage was inter caste marriage.
She further said that the respondent husband should number bring her marital status preventing her from pursuing her career in the name of marriage.
She clarified that she did number want to close her avenues in life at least at that stage.
K. THAKKER, J. Leave granted.
According to her, at the time of her marriage, she was in employment with the Department of Bio chemistry in the All India Institute of Medical Sciences AIIMS and was also pursuing her Ph.D. It is the case of the appellant that she companyceived for the first time in 1984, within a period of about one month of the marriage, but on account of being exposed to harmful radiations as a part of lab work of her Ph.D. thesis, she decided to terminate the pregnancy.
Please do number make living together a companydition for the companying few months.
The present appeal is filed by the appellant wife being aggrieved and dissatisfied with the decree of divorce dated August 07, 2004 passed by the Additional District Judge, Delhi in HMA No.
In another letter, she stated that the respondent husband should number make a companydition for the wife of living together.
A finding was also recorded by the trial Court that the wife was number ready and willing to perform matrimonial obligations and she always attempted to stay away from her husband by depriving companyjugal rights of the husband.
She stated I am number a good person to waste all your potential, emotion on.
It was alleged by him that first pregnancy was terminated in 1984 by the appellant wife without companysent and even without knowledge of the respondent.
322/2001/96 and companyfirmed by the High Court of Delhi on January 29, 2007 in Matrimonial Appeal No.
If possible, stand out of all this mess and try to work the best possible solution for us and your family.
The case of the respondent husband, on the other hand was that since solemnization of marriage between the parties, the attitude, companyduct and behaviour of the appellant wife towards the respondent as well as his family members was indignant and rude.
