ANSHUMAN BHATT Vs. MITHLESH

JUDGEMENT

(1.) BY this appeal filed under section 28 of the Hindu marriage Act, the appellant seeks to set aside the judgment and decree dated 16.7.2009 passed by the learned trial court whereby the petition filed by the appellant under section 10 of the Hindu Marriage Act, 1955 was dismissed.

(2.) BRIEF facts of the case relevant for deciding the present appeal are that the parties got married on 20.10.2001 at Delhi according to Hindu rights and ceremonies. It is alleged by the appellant husband that the behaviour of the respondent wife was not cordial right from the very inception of marriage and consequently he filed a petition for judicial separation under section 10 of the Hindu Marriage Act, 1955 on the ground of cruelty which vide judgment and decree dated 16.7.2009 was dismissed. Feeling aggrieved with the same, the appellant has preferred the present appeal.

(3.) COUNSEL further submitted that to save the matrimonial home the appellant took a rented accommodation in Netaji Nagar and where they had shifted on 18th May, 2002. The respondent further submitted that at about 11.00 p.m. the respondent compelled the appellant to go to the office of the CPWD to lodge a complaint as the said rented premises required immediate repair work and on refusal of the appellant the respondent started insulting the appellant. Counsel further submitted that on 19th May, 2002 the respondent called her parents and told that it was not possible for her to live any more with the appellant. Counsel for the appellant further submitted that the appellant had arranged another accommodation on rent i.e. house bearing No. 29/B (III floor) behind temple, Ber Sarai, New Delhi, but the respondent flatly refused to join the appellant at the said accommodation and put a condition that the appellant should ask his parents to vacate the Munirka flat.