S Vs. NSB

JUDGEMENT

(1.) The present appeal has been preferred by the appellant/wife under section 28 of the Hindu Marriage Act (the Act) to assail the ex-parte judgment and decree dated 15.03.2011 passed by the ADJ (South), Delhi in HMA No.801/2009 preferred by the appellant/petitioner against the respondent/husband to seek a decree of dissolution of marriage under section 13(1)(ia) of the Act on the ground of cruelty.

(2.) The learned ADJ by the impugned judgment and decree dismissed the said divorce petition by an ex-parte judgment. The respondent, despite service, did not appear before the Trial Court to contest the said petition. Even before this Court, despite service, the respondent has not appeared to contest the present appeal.

(3.) The case of the petitioner/appellant as set out in the petition was that the parties got married on 27.11.2001 according to hindu rites and ceremonies. The petitioner claimed that the respondent and his family members demanded dowry and frequently tortured the petitioner physically and mentally for not bringing car and cash of Rs.1 lakh. The petitioner also claimed that the mother of the respondent started taunting her for brining insufficient dowry and not fulfilling their expectations of a grand marriage.