AARTI MANCHANDA Vs. CHANDER SHEKHAR MANCHANDA

JUDGEMENT

(1.) Mat.App.(F.C.) 85/2015

(2.) The respondent/husband filed a petition in the Family Court on August 28, 2010 praying therein for a decree of divorce on the ground of cruelty and desertion i.e. under Section 13(1)(ia) and 13(1)(ib) of Hindu Marriage Act. However, while observing that the respondent/husband failed to prove cruelty, the prayer for dissolution of marriage on account of cruelty was declined but in view of the admitted position that the parties were living separately since February, 2008, and desertion by the appellant/wife being proved the marriage was dissolved.

(3.) The brief admitted facts are that the marriage between the parties was solemnized on July 27, 1996 at Delhi as per Hindu Rites and Customs. The marriage was duly consummated and the parties were blessed with a son born on September 09, 2001 and a daughter born on February 06, 2005. Both the children are in the custody of their father after their mother left the matrimonial home on February 10, 2008.