RAJIV CHHIKARA Vs. SANDHYA MATHUR

JUDGEMENT

(1.) The appellant and the respondent entered into marital bond on March 12, 2004 in accordance with Hindu rites and ceremonies in Delhi. Their relations soon became sour and the respondent herein filed a petition for divorce under Section 13(1)(ia) of HM Act alleging that there has always been a demand of dowry from the side of the appellant and that he took away all her money; used to lock her in the room before leaving for his job; beat her and ridicule her before his friends. As facts goes, immediately after their marriage, they both shifted to District Kannaur, Himachal Pradesh where the appellant was serving as an assistant teacher in Central School, at Recknong Peo, District Kinnaur, Himachal Pradesh. They lived there till May 27, 2004 when the respondent returned to Delhi to stay with her parents. The appellant also resigned and came to Delhi. On December 26, 2004 a male child was born to them.

(2.) They both got job as teachers in Delhi and went on to live in a rented house in Saad Nagar, Delhi for some time. Then they shifted to a rented house at Dwarka, Delhi. However, per allegations of the respondent herein there was no change in the behavior of the appellant, who allegedly used to take drinks; beat her and that on August 07, 2009 left the respondent in her matrimonial home and took away his son to stay with his parents at village Jonti, Delhi. He also took away all her belongings and household items. Though, he returned at night, but left the next day i.e. on August 08, 2009, never to join the company of his wife and that she lived all alone thereafter. The respondent was always apprehensive of the appellant that he may end her life.

(3.) The appellant in his pleadings denied allegations of cruelty and rather alleged that the issues were trivial arising out of child care, upbringing, interference of her parents, her repeated demand to live near her parents, her refusal to take care of the respondent's elderly and ill parents etc. The appellant stated that he performed all his martial obligations whole heartedly towards his wife and in-laws and did whatever was expected of a husband and that he always took care of his wife and son and since he is a heart patient, the respondent herein was getting rid of him by filing divorce.