KAMINI SONDHI Vs. KAPIL SONDHI

JUDGEMENT

(1.) For the reasons stated in the application 28 days' delay in filing the appeal is condoned.

(2.) Application is disposed of. 1. The appellant/wife has preferred this appeal impugning the judgment and decree dated April 01, 2016 whereby her marriage with the respondent/husband has been dissolved on the ground of cruelty. 2. The respondent/husband filed a petition under Section 13(1)(ia) of Hindu Marriage Act, 1955 seeking dissolution of marriage citing various instances which had resulted in causing mental cruelty of the level that it was not possible for the spouses to live together with such conduct.

(3.) At the time of marriage of the parties, while the respondent/husband was 37 years old and a divorcee, the appellant/wife was 35 years old and unmarried at that time. The matrimonial alliance was arranged through Sh.Madan Suji ­ Uncle of the appellant/wife, who was in the knowledge of the respondent/husband being a divorcee. It being a case of remarriage of the respondent/husband, the marriage was simple except some customary gifts given by the family of the appellant/wife. The ring ceremony was solemnised on July 08, 2007. Thereafter whenever he tried to meet the appellant/wife, she would give some excuse and also informed him that the Tailor working at her shop for 10 -12 years was threatening her not to get married to anyone else except him. He advised the appellant/wife to report the matter to the police but she was reluctant claiming the Tailor to be her good friend for the last many years. Even two days before the marriage, relations of the appellant/wife came to his house and informed about the ugly scenes created by the said Tailor. The police was not informed even at that time. The marriage was solemnised on November 21, 2007 at Pran Nath Mandir and function was held at Community Centre of the said Mandir which is a charitable bhawan. The marriage ceremony was attended by about 80 -100 persons. After the marriage ceremony when they returned to the matrimonial home at about 5 O'Clock in the morning, the husband received a call on his mobile and the caller was claiming himself to be lover of his wife and threatened him with dire consequences. When he discussed the issue with his wife she suspected the Tailor might be the caller.