LILY SAINI Vs. NAND KISHORE SAINI

JUDGEMENT

(1.) The Appellant seeks to challenge the judgment dated 14.08.2012 passed by the Family Court, Saket, New Delhi in HMA No.451/2011 whereunder her petition seeking divorce from the Respondent on the ground of cruelty and desertion under Section 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955 was dismissed.

(2.) The facts relevant for deciding the present appeal are that the Appellant was married to the Respondent as far back as on 25th January, 1987 according to Hindu rites and ceremonies. The marriage was duly consummated and a son was born to the parties in the same year on 03.11.1987. The Appellant alleges that the Respondent was of a cruel, adamant and stubborn nature and throughout their matrimonial life he treated her with cruelty. He was also abusive and many a times would force her to sell her ornaments to pay his debts. Emboldened by her silence and her submissive nature, he subsequently started demanding money from her, obtaining loans in her name, misusing her credit card and even got a vehicle purchased and financed in the name of the Appellant. His ill treatment caused her untold misery and humiliation. In the year 2006, he left the matrimonial home but nevertheless continuously extended threats to her through his friends and other anti-social elements right upto the month of August, 2010. The marriage thus became a fiction supported only by the legal tie. The sustained force of abusive and humiliated treatment calculated to torture her rendered the life of the Appellant unbearable. The Appellant, therefore, petitioned for divorce on 22nd January, 2011 on grounds of cruelty and desertion.

(3.) Though the Respondent was served with notice of the petition seeking dissolution of marriage by publication by the learned Family Court, he failed to enter appearance and was accordingly proceeded ex parte on 15.11.2011.