M.L. JOSHI Vs. NIRMALA JOSHI

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 1.7.1992 passed by the leaned Additional District Judge (Delhi), Delhi dismissing the appellant's HMA No. 522/1987 seeking divorce under Sec. 13(1)(ia) of the Hindu Marriage Act, 1955 ('Act') on the ground of cruelty by the respondent.

(2.) The appellant and the respondent were married on 7.2.1985. It was alleged by the appellant that after a short honeymoon at Shimla from 11.2.85 to 17.2.85, the parties started living at Nauroji Nagar in the house of elder brother of the appellant. It is stated that the respondent started misbehaving and spat on the father of the appellant and threw her slippers on the appellant's mother in the presence of relatives and friends.

(3.) The appellant contended that he was compelled to live in the house of the respondent's mother and that this caused him mental cruelty. Four other major allegations of cruelty made by the appellant against the respondent were that after the birth of child on 16.3.1986, the respondent used to taunt the appellant that the child was not his. She used to beat him when they were living in the rented accommodation at Vishnu Garden. Thirdly on 6.6.1987, the respondent accompanied by her mother visited the appellant's office and openly threatened, insulted and abused him in the presence of his colleagues and senior officers. On 26.7.1987, the respondent visited the appellant's house at Noida and abused and threatened him in public.