(1.) UNDER challenge in this appeal is the judgment and decree of the Additional District Judge, whereby petition of the respondent under Section 13(1)(i -a) of the Hindu Marriage Act (hereinafter referred to as 'HM Act') was allowed and marriage between the parties was dissolved by a decree of divorce.
(2.) BRIEFLY , facts of the case are that parties to the petition were married according to Hindu Rites and Ceremonies on 21st February, 2002. Out of their wedlock, a female child was born on 27th September, 2003. The said child is in care and custody of the respondent (herein). Appellant allegedly committed acts of cruelty towards respondent on various occasions which made it difficult for him to continue with the marriage and parties separated on 25th October, 2004. Hence, petition was filed seeking divorce on the grounds of cruelty.
(3.) RESPONDENT has averred following specific instances of cruelty committed by the Appellant: -