ALKA Vs. R K GAUTAM

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Single Judge passed in FAO 169/92. The learned Single Judge affirmed the judgment and order passed by the learned Addl. District Judge, and dismissed the appeal.

(2.) The appellant and the respondent belong to the medical profession. They got married on 27th November, 1986 when the appellant was preparing for her final year examination of MBBS at Meerut, U.P. The respondent Dr. R.K. Gautam had filed a petition for dissolution of marriage on the ground of cruelty under Section 13(1)(i-a) of the, Hindu Marriage Act, 1959, amended by the Amendment Act, 1976. Section 13 (l)(i-a) of the Act reads as under:

(3.) It is alleged in the petition, that even during their short trip of honey-moon to Shimla immediately after marriage, the appellant informed the respondent that she was not happy with the marriage and, in fact she did not want to get married at that stage. It is also alleged that the conduct and behaviour of the appellant bad been far from normal from the very beginning. During the entire stay of the honeymoon trip of 5 days at Shimla, with great difficulty and persuation, she submitted for sexual intercourse only on two occasions.