ANIL SINGH Vs. AARTI RANI @ SEEMA

JUDGEMENT

(1.) MARCH 08, 2007 was the date when appellant and respondent got married. March 2008 is the date alleged by the appellant when respondent returned to her parental house. June 2008 is the date when as per the appellant the respondent returned to her matrimonial house. July 03, 2008 is the date when as per the appellant the respondent returned to her parental house. Complaints and counter complaints were made immediately thereafter. August 23, 2009 is the date alleged by the appellant when the respondent once again left her matrimonial house compelling the appellant to seek restitution of conjugal rights. January 20, 2010 is the date when parties reconciled and HMA No.468/2009 was dismissed by the Family Court since the respondent returned to her matrimonial house. April 09, 2010 was the date when a female child was born to the parties.

(2.) WE have prefaced the aforesaid narration of facts which we have culled out from the petition seeking divorce filed by the appellant on November 03, 2010 and would simply highlight that the birth of a female child to the parties on April 09, 2010 would reveal that towards last week of June and the first week of July 2009 the husband and wife were cohabiting and had sexual intercourse, when the wife became pregnant, and the law pertaining to cruelty is that if a spouse forgives the other, alleged acts of past cruelty cannot be relied upon in a divorce proceedings unless they get revived by subsequent acts of cruelty.

(3.) RESPONDENT told appellant that she was having an affair with a lover and wanted to get herself rid from the matrimonial bond with the appellant and the respondent picked up quarrel with the appellant followed by the respondent leaving her matrimonial house on August 23, 2009.