MINI APPA KANDA SWAMI @ MANI Vs. M. INDRA

JUDGEMENT

(1.) This appeal has been preferred by the appellant husband against the order of the Family Court, Rohini, Delhi, dated 12.08.2010 whereby his petition for dissolution of marriage under Sec. 13(1)(ia) of the Hindu Marriage Act (hereafter the Act ) was dismissed.

(2.) Briefly, the facts are that the parties got married according to Hindu rites and customs at JJ Colony, Delhi on 06.09.2003 and through the wedlock one male child was born on 01.07.2004.

(3.) The petition for divorce was filed by the appellant on the ground of cruelty, alleging that the respondent wife was pressurising him to setup a separate home as she did not want to live in a joint family. The appellant worked as a labourer and it is his contention that owing to limited financial means it was not possible for him to set up a separate independent household. It is further contended that despite several attempts to explain the difficulty of setting up a separate household, the respondent refused to cooperate and kept pressurising the appellant. It is argued that the respondent became overbearing and abusive and also started misbehaving, not only with the appellant but also with his family members. The respondent would get aggressive and on several occasions had even beaten him. She also refused to do the household chores and threatened to implicate him and his family members in false criminal cases. Thereafter, on 21.11.2003, her parents visited her and instead of advising her to mend her ways, supported her. The respondent continued her atrocities against the appellant and his family and on 21.01.2004, left the matrimonial home without giving any reasons. It is argued by the appellant that he and his family members made several efforts for reconciliation and even went to the respondent's parental home on 10.02.2004 and 04.03.2004 to bring her back so that she could rejoin the company of the appellant. However, all such attempts failed. In fact, it is alleged, that instead of sorting the differences, the respondent and her family threatened to implicate the appellant as well as his family members in dowry demand cases. The appellant received a notice from CAW Cell (Crime Against Women Cell) on 30.03.2005. A false complaint with Mahila Ayog (Delhi Commission of Women) was also filed by the wife. The appellant submits that he returned all the dowry articles to the respondent on 25.04.2005. It is submitted that he did not condone the wife's cruelty in any manner and that their marriage reached a point of no return with there being no likelihood of a patch up or sorting of differences. Under such circumstances there could be no re-union of the parties.