PUSHPA RAJAI Vs. JAI PRAKASH LALWANI

JUDGEMENT

(1.) This is a matrimonial appeal arising out of judgement and order of the Family Court dated 11th February, 2013 in HMA No. 686/2010 ("impugned order") whereby the marriage between the parties was dissolved on grounds of cruelty. The divorce petition filed under Section 13 (1) (a) of the Hindu Marriage Act, 1956 by the respondent/husband had alleged a number of acts of cruelty, inter alia, of

(2.) It further appears that the respondent/husband started living in Rohini from 15th August, 2002 after he got a new job; the appellant/wife was still residing at her maternal home. On 19th January, 2005, the respondent/husband and his mother visited the appellant/wife at her maternal home and sought to bring her back, but she refused to join them. This effort was repeated by the respondent/husband on 3rd September, 2005, and after much persuasion, she did join him, but did not adjust with him. The respondent/husband had contended that she continued to be cruel to him and yet again left the matrimonial home on 23rd September, 2005, alongwith the minor daughter. He had also contended that while leaving she threatened him for his life.

(3.) A divorce petition was filed on 13th September, 2007 by the respondent/husband. However, the parties compromised their differences before the learned ADJ-1, Rohini, and started living in a rented accommodation in Sector 5 in Rohini from 27th July, 2009, where the respondent/husband's other family members also resided. However, even thereafter, according to the respondent/husband, the appellant/wife refused to have any conjugal relationship (sexual relations) with him and continued to be haughty, quarrelsome and aggressive, while contemporaneously threatening to commit suicide by lighting a gas cylinder or pouring petrol on and setting fire to herself. It had also been contended that she even alleged existence of an illicit relationship of the respondent/husband with his sister-in-law (bhabhi) and with his niece. In view of the last allegation, the respondent/husband's brother shifted to another house on 8th July, 2010 too, so as to escape from the atrocities and uncouth behaviour of the appellant/wife, and also to safeguard his own family peace and dignity.