X Vs. Y

JUDGEMENT

(1.) The present appeal has been filed under Sec. 19(1) of the Family Courts Act, 1984 read with Sec. 28 of Hindu Marriage Act, 1955 challenging the judgment and decree dtd. 14/8/2019 passed by the learned Judge, Family Court, East District, Karkardooma Courts, Delhi in H.M.A. No. 309/2017, whereby the petition seeking divorce under Ss. 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955 filed by the appellant, was dismissed.

(2.) Briefly stated the facts are that marriage of the parties was solemnized on 2/5/2008. On 30/6/2009, a son, was born out of the wedlock.

(3.) The case of the appellant is that on 4/1/2010, the respondent unilaterally left their matrimonial home with the child, without informing or seeking the appellant's consent. On the same day, the appellant along with his brother and mother went to his in-law's residence at Vaishali, Ghaziabad, with the aim to bring the respondent back. However, she flatly refused to come back to the matrimonial home. Following this, there was a physical altercation between the appellant and his brother on one side, and the respondent's brothers on the other side. These experiences have led to immense bitterness in the relationship between the parties.