BHOPAL SINGH Vs. URMILA DEVI

JUDGEMENT

(1.) The present appeal has been filed under Sec. 28 of the Hindu Marriage Act,1955 assailing the impugned order/judgment dtd. 21/1/2008, passed by the learned Additional District Judge, Delhi in HMA case No.215/2006. Learned Trial Court, vide the impugned order, has dismissed the petition for dissolution of the marriage filed on the ground of adultery and cruelty.

(2.) The facts in brief, as alleged by the Appellant/husband are that the marriage between the Appellant/husband and Respondent No.1/wife was solemnized in the month of April/May 1975 at District Meerut, (U.P.) in accordance with the Hindu Customs and Ceremonies. The marriage was duly consummated and three children were born to the parties, who are now major. The Appellant/husband was employed with Delhi Jal Board and was allotted government accommodation. The Appellant/husband has alleged that Respondent No.1/wife never cared for the Appellant/husband and his parents. The Respondent wife neglected to fulfil marital obligations and spoiled the matrimonial relations of the parties.

(3.) The Appellant/husband has alleged that Respondent No.1/wife left the matrimonial home when the youngest son Rakesh was only two years old, without the consent of the Appellant/husband. She did not bother to join the matrimonial home despite all efforts made by the Appellant/husband and his elders. It has been alleged that Respondent No.1/wife continued to live at her parental home enjoying her life without caring for the education and welfare of the children. The three children were brought up by the Appellant/husband and his parents and Respondent No.1/wife never bothered to participate in the social, traditional or customary ceremonies of the family of the Appellant/husband. It has further been alleged that at the time of the death of the old mother of the Appellant/husband, Respondent No.1 came to the matrimonial house at Village Sultanpur, Ghaziabad (U.P.) in July 1999 and stayed there only up to January 2000 and left the matrimonial house along with the unmarried daughter without the consent of the Appellant or his old and ailing father.The Appellant/husband has alleged that during the stay of the Respondent No.1/wife in the matrimonial house, the Appellant/husband noticed the undue close intimacy of Respondent No. 1/wife with Respondent no.2, who, as alleged, not only instigated her against the Appellant/husband but also started interfering in the matrimonial affairs of the Appellant/husband and Respondent No.1/wife. On 15/5/2000, Respondent No.2/the younger brother of the Appellant/husband brought Respondent No.l/wife along with elder son Pawan Kumar and daughter Rita to join the company of the Appellant/husband. The Appellant/husband has alleged that he had found both the Respondents in a compromising position. Upon inquiry, it was revealed to him that both the Respondents were having extramarital relations since long. The Appellant/husband has also stated that he was compelled to leave the Government accommodation in November 2001. However, Respondent No.1/wife had left the home around 3-4 days before the accommodation was surrendered after taking her entire jewellery and other belongings in the absence of the Appellant/husband.