DEVENDER SINGH Vs. PARAMJEET KAUR

JUDGEMENT

(1.) By way of this appeal, the appellant has challenged the ex parte judgment/decree dated August 31, 2012 passed by the Learned Judge-01, South, Family Courts, Saket Courts Complex in HMA No.17/2011 whereby the divorce petition filed by the appellant/husband has been dismissed.

(2.) A divorce petition under section 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act") was filed by the appellant against the respondent seeking dissolution of their marriage on the ground of cruelty and desertion. It was alleged in the petition that marriage between the parties was solemnised on August 14, 1988 according to Sikh rites and ceremonies at Gurudwara Sarojani Nagar and it was a simple marriage. Two children, one female child and male child were born in the year 1989 and 1991 respectively. The appellant had alleged that on the very first day of marriage he was shocked to know that respondent/wife was previously married to someone and after taking divorce from earlier husband she got married with him. It was alleged that the said fact was concealed from the appellant and his family members. It was alleged that from the beginning, respondent wanted to live a very lavish life and told him to provide her money for clothes, jewellery and for installing A.C in the house. Appellant had told her that he was not a man of status and was unable to arrange huge amount. It was further alleged that in the month of July, 1991, both parties had gone to Gurudwara Moti Bagh, from where the respondent went to her parental home and did not return back. On being threatened by appellant that he would perform second marriage in case she did not return back, respondent had come to live with him. Again in the year 1992, the respondent pressurized him for separate residence and at her request, appellant had taken a room at Laxmi Nagar where they had lived together for six-seven months. Another accommodation was taken at Yusuf Sarai at the request of respondent where her parents had come to live with them. When it was objected by the appellant/husband, she picked up quarrel with him and filed a complaint in the CAW cell. The matter was compromised with the intervention of relatives and friends.

(3.) It was further alleged that in the year 1993, respondent took a loan for the purchase of house and they started living together at H.No.U-52/34, DLF, Phase-3, Gurgaon, Haryana. In January, 1997, when appellant asked about her salary, she created a scene and told appellant to move out of the house. However, with the intervention of relatives and friends, matter was compromised. Again in September, 1998 with the intervention of some mediator, matter was settled. However, after 4/5 months, again dispute arose and the respondent told the appellant to go from her house. Further allegations are that in the year 2000, respondent through her daughter filed a civil suit against the appellant to grab the property belonging to the mother of the appellant which was ultimately dismissed. Appellant had also sent a legal notice calling her to join the matrimonial home but she did not join. Accordingly, appellant had filed the aforesaid petition.