LAWS(DLH)-2016-3-164

SA Vs. AA

Decided On March 22, 2016
Sa Appellant
V/S
Aa Respondents

JUDGEMENT

(1.) The present appeal under Sec. 28 of the Hindu Marriage Act (HMA) is directed against the judgment and decree dated 20.10.2012 passed by the learned ADJ (East), Karkardooma Courts, Delhi in HMA No. 323/2010 preferred by the respondent/husband against the appellant/wife. By the impugned judgment, the learned ADJ decreed the petition preferred by the respondent/husband under Sec. 13(1)(ia) of the HMA against the appellant/wife, thereby holding that the respondent/husband has been subjected to cruelty by the appellant/wife, which were found to be grave and weighty. Consequently, the marriage between the parties was dissolved by a decree of divorce.

(2.) The parties were married at Delhi on 03.02.2005. One male child was born out of the wedlock on 30.12.2005. The allegations of the respondent -husband and the counter allegations of the appellant -wife are set out in the impugned judgment and the same are, therefore, not being reproduced herein.

(3.) The learned ADJ framed the issue whether the appellant/wife had treated the respondent/husband with cruelty after the solemnization of the marriage. In support of his case, the respondent/husband examined himself as PW -1. He also produced one Sh. PM as PW -2, who lives in the neighbourhood of the matrimonial home. On the other hand, the appellant examined herself as RW -1. The respondent/ husband/PW -1 deposed on the lines of his allegations made in the petition is his examination -in -chief on affidavit. The learned ADJ observed that he was not cross examined about the several incidents constituting the infliction of physical and mental cruelty upon him, on which the respondent had deposed in his examination -in -chief.