LAWS(DLH)-2017-12-480

D Vs. P @ R

Decided On December 15, 2017
D Appellant
V/S
P @ R Respondents

JUDGEMENT

(1.) The appellant/husband has assailed the order dated 04.08.2017 of the Family Court, dismissing his petition for dissolution of marriage under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 (hereinafter referred to as "the HM Act").

(2.) The admitted facts of the case are that the marriage between the appellant/husband and the respondent/wife was solemnized on 07.11.2011, according to the Hindu rites, customs and ceremonies. Out of this wedlock, a male child namely, Kartik was born on 15.08.2012.

(3.) The appellant has alleged in his divorce petition that the marriage was solemnized without taking any dowry; that on the very first day of their marriage, the respondent/wife had shifted all her belongings to the first floor of the house; that she had refused to serve the parents of the appellant; that a fraud was played upon him by her parents as well as the mediator who had concealed the correct age of the respondent who was 35 years of age at the time of the marriage, while he was just 25 years old, i.e. ten years younger to her.