SUBHASH CHANDER SHARMA Vs. ANJALI SHARMA

JUDGEMENT

(1.) By this appeal filed under Section 28 of the Hindu Marriage Act, 1955 the appellant seeks to challenge the impugned judgment and decree dated 12.05.2003 passed by the learned ADJ, Delhi thereby dismissing the divorce petition filed by the appellant under Section 13(1)(ia) & (ib) of the Hindu Marriage Act.

(2.) Brief facts of the case relevant for deciding the present appeal are that the marriage between the appellant and the respondent was solemnized on 29.11.1984 at Mathura, U.P according to Hindu rites and ceremonies. From this wedlock, two children were born i.e. on 10.02.1988 and 12.09.1992. Both the parties lived together as husband and wife for 14 years i.e. upto 15.02.1998. The acts of cruelty based on which the appellant-husband has sought decree of divorce under Section 13(1)(ia) of the Hindu Marriage Act mainly are that after the death of the father of the appellant the mother of the respondent started living with them and due to her presence the atmosphere in the house got so surcharged that even the children started avoiding the appellant; the appellant though lived in the same house, but had to cook his own food and do all his personal work himself; he felt neglected and depressed on account of the behaviour of the respondent and her mother and ultimately on 15.02.1998 the appellant started living separately; the appellant made all efforts for rapprochement but the respondent foiled all his attempts; the respondent gave instructions to the school authorities that the appellant should not be allowed to meet the children; the respondent avoided to come to official telephone so as to talk with the appellant; the appellant was insulted by the respondent and her mother when he went to contact the respondent; the appellant was not even allowed to enter in the house; the respondent shifted her residence from housing society to some other place and she had also given instructions to her office not to disclose her new address to her husband; the appellant also wrote various letters to the respondent, but she did not respond to the same. The appellant has also averred that he has not condoned the acts of cruelty complained of against the respondent.

(3.) So far the ground of desertion is concerned, the appellant averred that the respondent had deserted him without any reasonable cause and against his wishes. The appellant has also averred that there has not been any willful neglect on his part and for no fault of the appellant the respondent deserted him.