LAWS(DLH)-2018-5-682

R @ R Vs. M.S.C.

Decided On May 04, 2018
R @ R Appellant
V/S
M.S.C. Respondents

JUDGEMENT

(1.) The appellant/wife has assailed the order dated 05.03.2018 passed by the Principal Judge, Family Court Central District, Tis Hazari, Delhi whereby the divorce petition of the respondent/husband on the ground of cruelty was allowed and the marriage between the appellant and the respondent was dissolved. In the petition for divorce, the respondent/husband had also sought the dissolution of marriage on the ground of desertion which was rejected.

(2.) The admitted facts of the case are that the marriage between them was solemnized on 211.1982 as per Hindu rites and ceremonies. They were blessed with four children and all have attained the age of majority.

(3.) The appellant failed to file any written statement to the divorce petition filed by the respondent/husband within the period granted to her from time to time. Her defence was struck off vide order dated 012.2015 passed by the learned Single Judge of this Court in CM No.910/2015. On a petition under Article 227 of the Constitution of India, filed by the respondent/husband as he was apparently aggrieved by the act of the appellant/wife of not filing her written statement. Against the said order, the appellant filed a Special Leave Petition (Civil) before the Hon'ble Supreme Court of India. It was also dismissed vide order dated 16.08.2016 as a result there is no challenge to the averments made by the respondent/husband in his divorce petition.