JITENDER KUMAR @ RAJAN Vs. KAMLESH

JUDGEMENT

(1.) This appeal has been preferred by the appellant/petitioner against the order of the learned Family Court, Dwarka, dismissing his petition seeking divorce from the respondent/wife under Section 13(1) (i-a) of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act).

(2.) There is no dispute that the parties were married on 08.12.2003 as per the Hindu rites and ceremonies and the parties were blessed with two children: a son on 02.06.2006 and a daughter on 04.03.2009. Apparently, the parties knew each other prior to the marriage but the marriage was solemnised with the consent of both the families. The appellant/husband filed the petition for divorce on 29.05.2013 alleging that the respondent/wife had failed to discharge her moral, legal and social responsibilities towards him; used to abuse and threaten him in dirty language; used to undermine the reputation and status of the appellant/husband and his family members; used to pressurise him to give his minor son in adoption to her sister; used to believe in Tantriks; used to leave her matrimonial house without his knowledge and permission; used to quarrel with him on trivial issues and forced him to live separately from his parents since 28.11.2007; always passed adverse comments upon his low income, poor education and lack of knowledge of English and his personality and finances; that she got the appellant/husband arrested by the police and also filed a false complaint against him and his family members with the CAW Cell, Nand Nagari. It was also his grievance that on 09.04.2013, she had called the police and got him arrested and he had to spend a night in lock up and thereafter on 10.04.2013 she had appeared before the SEM, Seelampur and opposed his bail application, as a result whereof, he was sent to Tihar Jail up to 23.04.2013, though he was released on bail on 11.04.2013. He also claimed that on 11.05.2013 and 14.05.2013 he had made several efforts to persuade the respondent/wife to return to the matrimonial home but since all efforts went in vain, he filed the petition for divorce.

(3.) In her written statement, the respondent/wife denied all these allegations and claimed that her sister was also blessed with a son and there was no occasion for her to take a child in adoption and further, her family members had never interfered in the household matters of the parties and had always helped the appellant/husband both financially and morally. According to her, the appellant/husband was given to drinking alcohol and had even created a nuisance during the wedding of her cousin brother and once stabbed her mother's tenant. She further stated that she is an educated lady and never believed in black magic or tantriks. According to her, when she had come back to her matrimonial home with her six month old child, after the wedding ceremonies of her brother were over, the appellant/husband and his family members did not allow her to enter the house and as a result, she had to leave the matrimonial home and return to her parental home at about 12 in the night.