VENKATESH NARASIMHAN Vs. V. SUJATHA

JUDGEMENT

(1.) This appeal has been preferred against the judgment of the learned Family Court, Patiala House Courts, dated 11.11.2019 whereby the marriage between the appellant/respondent and the respondent/petitioner was dissolved on a petition moved by the latter, seeking dissolution on the grounds of cruelty and desertion within the meaning of Section 13(1)(i-a) and (i-b) of the Hindu Marriage Act (hereinafter referred to as the 'Act').

(2.) The admitted facts of the case are that both the parties were married on 22.05.1992 at Chennai as per Hindu rites, customs and ceremonies. They were blessed with a daughter on 15.10.1994, who is by now a major. The respondent/petitioner has alleged in her petition that the conduct of the appellant/respondent was extremely cruel and he was possessed of a callous and indifferent attitude since the initial years of marriage and he did not give the respondent/petitioner any support, financially or emotionally. In short, she discovered that he had many personality and behavioural problems but nevertheless, she tried her level best to cope up with her husband's shortcomings with compassion and tried to help him acquire stability and status in life, many times forgiving his violence and encouraging positive skills. However, on repeated occasions, she found to her consternation, that the appellant/respondent made no effort to either settle down in his job or contribute to the household including taking care of the child's educational needs.

(3.) Very often, the respondent/petitioner found that the appellant/respondent disclosed complete indifference to the challenges being faced by her in the marital life and he was never available to her in times of need, including, when she required his assistance to take care of their daughter, when she had to complete her education/assignment and when she suffered from physical ailments which prevented her from taking on the entire burden of running the household and attending to the daughter, times when she expected some support, physically and emotionally from the appellant/respondent. Things reached a breaking point when despite the request of the respondent/petitioner not to invite his parents to their transit accommodation at Jawahar Lal Nehru University which had limited space and to request them to stay with his sister who was residing in Gurgaon, the appellant/respondent threw a tantrum and left the house in October 2011 without understanding that the reason for the said request was only the pre-board exams of their daughter. Even thereafter, the respondent/petitioner had sent emails to the appellant/respondent to assist her in looking for various course options for their daughter but no help was forthcoming. Thereafter, there was no cohabitation between the parties. Premised on all these facts, the respondent/petitioner prayed for divorce on grounds of cruelty and desertion.