NIKHIL WADHAWAN Vs. PRITI WADHAWAN

JUDGEMENT

(1.) The present Appeal under Sec. 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as "HMA, 1955") has been filed on behalf of the appellant/husband against the Judgment and Decree dtd. 29/5/2009 whereby the divorce petition filed by the respondent/husband on the ground of cruelty under Sec. 13(1)(ia) of HMA, 1955, has been dismissed.

(2.) Briefly stated that parties got married according to Hindu customs and rites on 14/10/1999 and one son was born from their wedlock on 28/12/2000.

(3.) The appellant/husband had asserted in his Divorce Petition that after the marriage, he and his family member gave due regard, respect, love and affection to the respondent/wife despite which she did not reciprocate the same sentiments towards him and his family members. Immediately after the marriage on 16/10/1999, the respondent started inquiring about the assets and business of the family of the appellant which caused a mental alarm in his mind. He assured her that he would take care of all the basic needs, but she remained adamant. It is further asserted that the respondent had asked for a partition and share in the business of the father of the appellant on 1/3/2000 and on his refusal she had threatened to implicate him and his family members in false cases.