BINDU Vs. KULDEEP

JUDGEMENT

(1.) The present appeal under Section 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as "HMA") assails the judgment dated 17.12.2020 passed by the Addl. Principal Judge, Family Court, West District, Tis Hazari Courts, Delhi, in HMA NO. 803/2016, allowing the divorce petition preferred by the respondent/husband on the ground of cruelty under Section 13(1)(ia) of the HMA.

(2.) The facts in brief are that the marriage between the parties was solemnized on 03.05.2013 in accordance with Hindu rites and ceremonies, but they have been residing separately since 25.06.2016. There is no issue from the wedlock.

(3.) A few months after separating, the respondent/husband on 10.08.2016, preferred a petition under Section 13(1)(ia) of the HMA seeking dissolution of the marriage on the grounds of cruelty. The case of the respondent before the Family Court was that notwithstanding the cordial manner in which the appellant herein was received by his family and all his efforts to maintain congeniality in their marriage, the appellant treated his family and him with cruelty and cold insolence. The divorce petition contained detailed descriptions of the instances of cruelty, which included the appellant being physically violent with the sister-in-law of the respondent by pushing her down the stairs, the incident of disturbance caused by the appellant at the wedding ceremony of the respondent's sister, which led to his parents disowning him and the appellant from their movable and immovable properties by way of a notice dated 17.05.2017 published in the newspaper Rashtriya Sahara; as also the appellant's repeated threats to the respondent's brother that she would ensure termination of his services from the Delhi Police, which caused the respondent's brother to begin residing separately.