OM PRAKASH PODDAR Vs. RINA KUMARI

JUDGEMENT

(1.) The Appellant is aggrieved by the decision of the Family Court, Dwarka, whereby his prayer seeking dissolution of marriage and divorce under Section 13(1)(i-a) of Hindu Marriage Act was declined. However, the learned Judge, Family Court was of the view that a ground of desertion has been made out by the Appellant but in view of the peculiar facts and circumstances of the matter, instead of granting divorce, passed a decree of judicial separation under Section 10 of Hindu Marriage Act.

(2.) The Appellant filed a petition under Section 13(1)(i-a) of Hindu Marriage Act seeking dissolution of marriage by a decree of divorce pleading therein that the Appellant got married to the Respondent on 25.06.2004 at Katihar (Bihar). After marriage, the parties resided at the native place of the Appellant at Sonaili (Bihar) till 18.07.2004.

(3.) When the Respondent became pregnant during her stay with the Appellant, she without knowledge of the Appellant informed her father who took her back. Her father came with his return ticket and also with the ticket of Respondent and left Delhi on 15.04.2005. Respondent gave birth to a female child on 20.05.2005 but the Appellant was not allowed to see the child nor his request to the Respondent to allow them access or come to Delhi to enable him and his family to see the face of his child, was acceded to. Rather the Appellant and his family were threatened with dire consequences.