SHIV NANDAN SACHDEVA Vs. RUBY

JUDGEMENT

(1.) THIS appeal has been filed by the appellant (Husband) under Section 28 of Hindu Marriage Act, 1955 (for short as Act?) against the judgment and decree dated 20th August, 2008 passed by Sh. Man Mohan Sharma, Addl. District Judge, Delhi whereby the petition of the appellant for divorce has been dismissed.

(2.) THE brief facts of the case are that marriage between the appellant and respondent was solemnized according to Hindu rite and ceremonies on 11th December, 1990 at Delhi. From this wedlock, one female child was born to the parties on 27th October, 1994. In the matrimonial home the relatives, the appellant and his parents gave congenial environment to the respondent for establishing the happy and prosperous life but all invain because from the beginning, the behavior of the respondent was very cruel, unsocial and rude. The appellant was compelled to live apart from his parents and vacated the matrimonial home on 6th June, 1991 i.e. within 6 months of the marriage. Both the appellant and the respondent started to live separate from the parents of the appellant but the behavior of the respondent did not change. Rather the respondent became more aggressive, violent, rude and uncooperative, etc. Even after the birth of the female child the behavior of the respondent continued to be rude. Infact she used to beat the minor child and throw away the minor child so as to give mental torture to the appellant.

(3.) DUE to extreme mental torture and fear of danger to life by the respondent and her brothers, the appellant had to leave the last matrimonial home where they last resided together on 15.08.1998. In this regard complaint was also filed vide no. DD No. 7-A dated 15.08.1998.