AJAY KUMAR Vs. SUNITA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 3.2.1997 passed by the learned Additional District Judge, Delhi in H.M.A. Case No 294 of 1996. By the impugned judgment the appellant's petition seeking divorce from the respondent on the ground of cruelty under Section 13 (1)(i-a) of the Hindu Marriage Act, 1955 ("Act") was dismissed.

(2.) The parties were married on 25.6.1994 at Delhi. The appellant states that the marriage was not properly consummated because the respondent never offered herself for a complete sexual intercourse with the appellant. No child was, therefore, born from the wedlock. It is stated that neither the respondent nor her parents disclosed the actual age and physical condition of the respondent prior to the marriage. It is stated that the appellant was not aware that the respondent was older than the appellant and therefore the very foundation of the marriage was based on false and incorrect information given by the respondent. It is stated that after the marriage, the respondent did not do regular household work. The appellant was forced to wash his own clothes and that caused mental torture to the appellant. Frequent verbal altercations led to the breakdown of the marriage.

(3.) It is alleged that the respondent never gave the appellant complete sexual satisfaction and would stop the sexual intercourse after a very short span. This caused tremendous torture to the appellant. It is stated that the respondent behaved like this on the first night of marriage and throughout the honeymoon the respondent would become violent during the acts of sexual intercourse. The appellant states that she tried to seek medical assistance from expert doctors but even after one year"s continuous treatment there was no improvement in the behaviour of the respondent. It is stated that after one such incident on 5.3.1996 when the appellant complained, the parents of the respondent threatened that the appellant would face dire consequences. They took away the respondent with them and that since then the parties have remained separate.