RAJEEV CHADHA Vs. SHAMA CHADHA NEE SHAMA KAPOOR

JUDGEMENT

(1.) These two appeals are filed under Section 28 of the Hindu Marriage Act, 1955. In FAO 233/2003, the appellanthusband has challenged the judgment and decree dated 05.03.2003 passed by the Court of the learned ADJ, Delhi in HMA No.453/02 whereby the petition filed by the appellant under Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights was dismissed. In MAT.APP 41/2008 the challenge is to the judgment and decree dated 23.01.2008 passed by the Court of the ADJ in HMA No.331/06 whereby the petition filed by the respondent-wife under Section 13 (1) (ia) of the Hindu Marriage Act was decreed in favour of the respondent wife leading to the dissolution of marriage between the parties.

(2.) First I propose to deal with the appeal bearing Mat.App.41/2008 wherein the challenge has been made by the appellant to the decree of divorce passed by the learned trial court as the fate of other appeal filed by the appellant bearing FAO No.233/2003 would depend on the outcome of the decision in Mat.App.41/2008.

(3.) Brief facts of the case relevant for deciding the present appeals are that the appellant husband had invited matrimonial alliance through a newspaper advertisement seeking a working wife in response to which the bio data of the respondent wife was received and consequently the marriage between the parties was solemnized on 28.5.2001 in accordance with Hindu rites and ceremonies. The respondent wife besides citing other instances of neglect by the appellant claimed that the marriage between the parties was not consummated which caused her mental cruelty on account of which she filed a petition for divorce under Section 13(1)(ia) of the HMA. The grievance raised by the appellant husband on the other hand is that the respondent wife duped him by falsely projecting herself to be a working woman and due to which after marriage he refused to have any relationship with her till the time she produced the requisite certificates. Vide judgment and decree dated 23.1.2008 , the learned trial court passed a decree of divorce thereby dissolving the marriage between the parties and feeling aggrieved with the same, the appellant has preferred the present appeal.