MRS. NISHA RANI Vs. SH. SOHAN SINGH NEHRA

JUDGEMENT

(1.) The parties were married on April 23, 2000 in New Delhi in accordance with Hindu rites and ceremonies, but unfortunately could not go along well, the appellant having left the matrimonial home on September 06, 2003 to live with her parents. Her leaving the matrimonial home on September 06, 2003 was considered an act of desertion and cruelty by the learned Trial Court and hence a decree of divorce dated November 11, 2013 was granted to the husband/respondent by the learned Judge, Family Court, Dwarka, New Delhi. It is against this decree the appellant-wife has filed this Matrimonial Appeal (Family Court) No. 82/2014 and has challenged the impugned judgment.

(2.) Briefly stated the facts are that the respondent/husband had filed a divorce petition HMA No. 444/2009 (though originally filed before Faridabad Courts and pursuant to the order of the Hon'ble Supreme Court dated February 26, 2010 the petition came to be transferred to Delhi Courts) against his wife alleging his life being made miserable by his wife, she being quarrelsome; always insisting of separation from her in-laws; did not provide him food in time and made his life a hell. On February 14, 2002, the appellant gave birth to a child, who unfortunately expired on February 16, 2002 and she held the respondent responsible for his death and demanded Rs. 5,000/- as compensation; she used to leave the matrimonial home without his consent on pretext of joining some computer classes; and finally left the matrimonial home with her parents on September 06, 2003 in his absence taking away all her dowry articles and that he lodged DD No. 25A dated September 11-12, 2003 with Police Post No. 3, NIT Faridabad, Haryana. The husband/respondent also alleged that on April 03, 2004, a daughter namely Tina was born and all her delivery expenses were borne by him and since then he has been visiting the house of the appellant herein requesting her to return to her matrimonial home, but to no avail. The husband/respondent also alleged that on September 08, 2003 he filed a Divorce Petition No. 24/2013 in Faridabad Courts, but since she gave an assurance to join him, he withdrew the said petition on January 19, 2004, but yet again the appellant failed to join his company. On June 13, 2004 he convened a Biradari Panchyat, but the appellant did not accept its advice and insulted him in the presence of the panchyat members and rather filed FIR No. 477/2005 under Section 498A/406 of the IPC at police station Dabri, Delhi. The respondent further alleged that at the advice of the learned Court, he tried to patch up the matter and on January 05, 2006 went to her parents house to bring her back, but was abused and kicked and that he reported the matter to SHO, Dabri, Delhi.

(3.) The appellant herein denied allegations made in the divorce petition and rather alleged that she was always been treated as an intruder/maid servant by the family members of her husband; was cursed, abused, scolded and her husband used to slap her in the presence of all to denigrate her. The appellant denied that she ever took away any of her articles and rather such articles, excluding jewellary, were returned by her husband before CAW Cell, Nanakpura, Delhi on January 17, 2005. She alleged that respondent has been demanding money on various occasions and her father gave Rs. 50,000/- towards cost of construction of a house purchased by the respondent, but he was not satisfied; she further alleged that she was harassed and beaten even when she was in family way and that on January 25, 2002, he threatened her to leave him and she had to move to her parents house in an advance stage of pregnancy where her child died; the respondent came to visit her after about 15 days only to blame her for killing their child. He did not pay a single penny towards delivery expenses of Rs. 30,000/- which were rather spent by her parents. The appellant further alleged that on September 06, 2003 she was again beaten in the morning by her husband; she called her parents and when they arrived, he ran away on seeing them and returned about half an hour later with two person only to abuse the appellant herein and her parents. Her parents then brought the appellant to Delhi. On April, 03, 2004 the respondent came at Delhi under the pressure of his relatives when she had delivered a baby girl but returned on April, 04, 2004 leaving her with her parents; that she is residing with her parents since September 06, 2003, she fear for her life as had suffered domestic violence and it was not possible for her to live with her husband in the given circumstances and that her husband had rather deserted her by his conduct and is not entitle to a decree of divorce.