BIJENDRA Vs. REKHA

JUDGEMENT

(1.) FACTUAL ASPECTS:-The case before us presents an unfortunate situation wherein the appellant-husband and respondent-wife having been in continuous separation since 2005, have not been able to resolve their marital dispute.

(2.) The marriage between the parties was solemnized on 23/6/2003. It is stated that right after marriage, the respondent drifted away from the appellant on account of his educational qualifications, which even led to the respondent insulting him by calling him "illiterate, "rustic ". The appellant further asserts that in the span of two years of marriage, respondent joined the company of the appellant just 4 or 5 times that too after much persuasion of the appellant. During this time, the appellant claims that the behavior of the respondent was cruel due to which even the marriage could not be consummated. On 30/11/2005, the respondent went back to her parental home. Thereafter, on 15/12/2005, the appellant went to the house of the respondent to bring her back; however, the respondent declined to resume cohabitation with him. Ever since then, the parties have been living separately without any resumption of their matrimonial relationship. Further, no children have been born out of the wedlock.

(3.) In the light of such events, the appellant on 20/6/2007 filed a petition under Sec. 13 of the Hindu Marriage Act, 1955 [Hereinafter, 'HMA'] for divorce on the ground of desertion and mental cruelty.