SHANKAR MALLICK Vs. SARITA KUMARI

JUDGEMENT

(1.) The present appeal under Sec. 19 of the Family Courts Act, 1984 has been filed against the judgment dtd. 29/1/2021, dismissing the divorce petition filed by the appellant/husband, on the ground of cruelty under Sec. 13 (1) (ia) of the Hindu Marriage Act, 1955 (hereinafter refered to as "HMA, 1955").

(2.) Briefly stated, the parties got married on 3/2/2014 as per Hindu Customs and Rites in Kolkata and no child was born from their wedlock. The parties admittedly separated in March, 2015 i.e. after about one year and during this period also, the parties resided together for a limited time of about four and a half months. The entire canvas of cruelty is, therefore, spent over two periods of 3/2/2014 to 15/3/2014 and 28/11/2014 to 7/3/2015, when the parties resided together.

(3.) The petitioner/appellant in his Petition had claimed that immediately after their marriage, they resided for about 15 days jointly in the parental home of the appellant at Kolkata and thereafter, they came back to Delhi. The parents of the appellant kept her with lot of love and affection. She was not allowed to do any household work except may be to make tea occasionally. The appellant was posted as an Assistant Manager in DMRC and was residing at Delhi. He along with the respondent, came to Delhi on 25/2/2014, where they started together at Shastri Park, Delhi. On the request of the respondent/wife, the appellant was pressurized to call her mother and two brothers also to Delhi, along with the respondent. Accordingly, the mother and the two brothers also came to reside in their home at Delhi. The appellant has asserted that, despite all the love and affection, the respondent refused to do any household chores. She had an irritating behaviour and always indulged in fights on petty issues. She was in a habit of getting up late in the morning at about 10:00 a.m. and was very fond of watching T.V. till late at night. She, therefore, neglected all the household work, so much so that on one occasion, when Satyanarayan Pooja was organized in the house and she was requested by the appellant to get up by 9:00 o'clock, she refused to wake up and abused him.