AKSHAY SHARMA Vs. KAMLESH SHARMA

JUDGEMENT

(1.) The appellant/husband is aggrieved by the judgment dated September 03, 2015 whereby his petition filed under Section 13(1)(ib) of Hindu Marriage Act, 1955 for dissolution of marriage on ground of desertion has been dismissed by learned Judge, Family Court, Delhi.

(2.) Admitted facts are that the appellant/husband got married to the respondent/wife on May 05, 1992 according to Hindu rites. The parties stayed together for a short duration which as per the appellant/husband is 42 days and as per the respondent/wife is 25 days. During this short stay, the respondent conceived and gave birth to a son on February 19, 1993. The parties continued living separately even after birth of the son and thereafter on August 26, 1994 the respondent/wife lodged FIR No.500/1994 under Sections 498 -A/406/34 IPC at PS Sriniwas Puri against the appellant. However, the matter was compromised and the parties started living together in terms of the settlement entered into on October 13, 2003 and resumed cohabitation.

(3.) On April 06, 2004 the respondent/wife gave birth to a female child. The respondent/wife again left her matrimonial home in the year 2005 and had not returned thereafter. In the year 2012 the appellant/husband filed a petition under Section 9 of Hindu Marriage Act, 1955 seeking restitution of the conjugal rights which has been dismissed by learned Judge, Family Court, Meerut. Thereafter he filed the petition seeking dissolution of marriage on account of desertion by the respondent which has been dismissed by the learned Judge, Family Court, Delhi and assailed before this Court by way of this appeal.