AS Vs. SNS

JUDGEMENT

(1.) The present appeal under Sec. 28 of the Hindu Marriage Act, 1955 (hereinafter referred as 'HMA') assails the judgment & decree dated 20.03.2009 passed in HMA 741/06 by Additional District Judge (ADJ), Delhi, whereby the learned ADJ allowed the petition preferred by the respondent -husband under Sec. 13(1) (ia) and (ib) of the HMA, granting a decree of dissolution of marriage in his favour and against the appellant - wife.

(2.) The parties were married on 17.06.1984 at Varanasi, U.P. No issue was born out of the wedlock. The respondent alleged that the appellant treated him with cruelty, and deserted him on 12.09.1999. She had denied sexual relations on one pretext or the other after 13.06.1997. It was further alleged that the appellant suffered from psychological and physical deformities, and used to pick quarrels with the respondent. She created ugly scenes several times in the presence of family members and friends of the respondent. She was suffering from tubercular endometritis and blockage of both fallopian tubes. Further, when the respondent returned on 02.10.1999 from his training in Manchester, he found his house locked. He came to know that the appellant had left the house on 12.09.1999 and deserted him.

(3.) In the written statement filed by the appellant -wife, she denied all the allegations. She stated that the marriage was solemnized on 03.06.1985, and not on 17.06.1984. She stated that she never denied sexual relations to the respondent. She also denied that she suffered from tubercular endometritis and blockage of both fallopian tubes. She claimed that it was the respondent who gave her contraceptive pills to avoid pregnancy till after 2 -3 years of marriage. This had affected her fertility. She also stated that it was the respondent, who had forced the appellant to leave her matrimonial home, as he had extra -marital relations with one SJ.