KRISHAN KUMAR Vs. SHANKARI

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 16.5.2003 passed by the learned Additional District Judge, Delhi in H.M.A. 382/01/2000 by which the Appellant's petition seeking dissolution of his marriage with the Respondent on the ground of cruelty and desertion under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955 ("Act") was dismissed.

(2.) THE marriage of the parties took place on 31.5.1987 and a child was born to them on 11.8.1988.

(3.) THE version of the respondent is very different. According to her, in April 1999 she was compelled to leave the matrimonial home and was not allowed to return. She states that soon after marriage she was surprised to find that the appellant asked his Bhabhi to serve him food and make his bath ready. Although, as a wife, the respondent wanted to do perform these tasks, she was neither asked nor permitted to. When she protested the appellant told her not to interfere in his daily routine. She complained about his behaviour to his mother and aunt in vain. During her pRegulation ncy, when she was staying at her parental home, neither the appellant nor his family members visited her. After the birth of the child, they did not come to see the child and take her back to the matrimonial home. She returned on her own. She denied the allegations of her ill-treating the child and stated that she was having no grudge against the elder brother of the appellant. She stated that it was the mother, aunt and bhabhi of the appellant who used to pick up a quarrel with her often. She was not having any objectionable relations with Mr. Rao. She denied having performed any magical rites as alleged. On 26.2.1999 when she suffered a serious attack of arthritis, the doctor advised her rest for fifteen days. She went to her mother's house and stayed there till March 1999. In April 1999 when she returned to the matrimonial home and told the appellant that she wished to leave the job, he got agitated and asked her to leave the matrimonial home.