SAPNA PAUL Vs. ROBIN DEV PAUL

JUDGEMENT

(1.) The present Appeal under Sec. 19(1) of the Family Courts Act, 1984 has been filed on behalf of the appellant/wife against the impugned Judgment and decree dtd. 10/12/2020 passed by the learned Judge, Family Court, (South-East) Saket, Delhi granting divorce on the ground of cruelty and desertion in a petition filed by the respondent/husband under Ss. 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'HMA, 1955").

(2.) Briefly stated, the parties got married on 10/2/1991 according to the Hindu rites and customs at Arya Samaj Mandir, Karol Bagh, Delhi. The marriage of the parties did not have the approval of the mother of the respondent/husband (petitioner in the divorce proceedings, hereinafter referred to as the 'respondent') who asked the parties to leave the family home and reside separately after the marriage. Consequently, the parties started residing together in one bedroom at G-9, Masjid Moth, New Delhi and one son namely, Udai Paul was born from their wedlock on 28/12/1991.

(3.) The respondent-husband in his petition claimed that he was working as an Account Executive with Maadhyam Advertising while the appellant/wife (respondent in the divorce proceedings, hereinafter referred to as the 'appellant') was working with the Times of India but she left her job when she became pregnant. The respondent asserted that appellant was highly qualified being a Master in English and had been a Voice and Accent Trainer for various multinational companies. After the birth of the son, sometime in May or June, 1992, the appellant-wife started abusing the respondent and insisted on shifting to a bigger three-bedroom house. In order to avoid daily fights, despite his meager income and being the only earning member, he shifted to a bigger three-bedroom house.