MAHESH KUMAR @ MANEESH Vs. REENA KUMAR

JUDGEMENT

(1.) Cm No. 27742/2018 (exemption)

(2.) The necessary facts to be noticed for disposal of this appeal are that the marriage between the appellant and the respondent was solemnized at Delhi on 13.02004. The parties were blessed with a son on 26.05.2005. A daughter was born on 04.03.2008. It is claimed that the parties have been residing separately since October 2008. A petition seeking dissolution of marriage on the ground of cruelty was instituted on 24.04.2018. Learned counsel for the appellant has contended that the Family Court has failed to take into account that the respondent, from the very beginning of their marriage had shown dislike to the family members of the appellant and was a very quarrelsome person. It is submitted that the judgment of the Family Court is contrary to the settled position of law. The Family Court has failed to take into consideration the specific evidence led by the appellant with regard to the behaviour of the respondent. However, the Family Court fell in grave error by observing that there was no specific instance of erratic, rude, intemperate, abnormal or obnoxious behaviour on her part. It is further submitted that the Family Court has not taken into consideration that during cross examination respondent has admitted that she was a non-vegetarian while in the affidavit she has deposed that she is a vegetarian and thus the ground raised by the appellant/husband with regard to the dietary habits of the respondent have been wrongly ignored. Learned counsel for the appellant submits that the parties have been living separately for the past 10 years approximately and it is a practically dead relationship, while the Family Court had not taken this factor into account.

(3.) We have heard the learned counsel for the appellant.