NARESH KR. BABBAR Vs. SEEMA

JUDGEMENT

(1.) The appeal has been preferred on behalf of the appellant/husband against the judgment dtd. 20/5/1999 passed by the Additional District Judge, Delhi vide which his petition for divorce/annulment of marriage on the ground of cruelty and there being a sapinda relationship between the parties has been dismissed.

(2.) The parties to the litigation got married on 4/5/1992 according Hindu rites and customs. There is no child from the said wedlock. The appellant asserted that Smt. Shivani Ditti: the grandmother of the respondent/wife is the sister of the father of the Appellant and thus, they fall within the prohibited degree of relationship, being the sapindas of each other and therefore, the marriage is liable to be declared as a nullity in terms of Sec. 5 read with Sec. 11 of the Hindu Marriage Act, 1955.

(3.) The appellant had further alleged various acts of cruelty namely: