JAGDISH Vs. MONIKA

JUDGEMENT

(1.) THE Appellant in the present appeal seeks to challenge the judgment of the learned Family Court dismissing the petition filed by the Appellant under section 13(1)(ia) of the Hindu Marriage Act, 1955 seeking dissolution of marriage by decree of divorce on the ground of cruelty.

(2.) THE facts as delineated in the petition (Annexure P -4) are that the marriage between the Appellant and the Respondent was solemnized on 8.12.2004 at Village Khandewla, Farrukhnagar, District Gurgaon according to Hindu rites and ceremonies. The marriage was duly consummated and one son was born to the parties from the wedlock.

(3.) THE further case of the Appellant is that in June, 2012 the Respondent returned to the matrimonial home but her behavior remained the same with the Appellant and his family members and she started harassing the Appellant and his mother by using abusive language. On 21.6.2012, the Respondent left the house of the Appellant without informing him and subsequently the Appellant learnt that she had gone to Village Khandewla and had also taken Rs. 8,500/ -, one gold chain and one ring with her. Despite several efforts made by the Appellant, the Respondent did not re -join the matrimonial home. The Appellant accordingly prayed for dissolution of the marriage between the parties by a decree of divorce.