MURLIDHARAN Vs. SUMANGLA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 31.10.2001 of the learned Additional District Judge, Delhi in H.M.A. No 21/2001/92 whereby the Trial Court had dismissed the appellant's petition seeking dissolution of marriage under Section 13 of the Hindu Marriage Act, 1955 ('Act') on the ground of cruelty.

(2.) In support of his petition for divorce, the appellant pleaded several instances of the alleged cruelty meted out by the respondent wife. It was first urged that the respondent had started misbehaving with the petitioner within a few months of the marriage. Second, that the respondent had developed illicit relationship with "somebody". Thirdly, that the respondent had told the appellant and his relatives that the child born to them on 28.8.1990 was in fact not of the appellant's but someone else's. Fourthly, that the respondent had not allowed the appellant to come near her and she had therefore failed to perform her marital obligation. Fifthly, that the respondent mixed some poisonous substance in the tea served to the appellant. Sixthly, that the respondent had started removing her belongings from the residence of the petitioner.

(3.) The appellant examined himself, his brother-in-law and his employer as his witnesses. The respondent has examined herself and her family friend as her witnesses.