TANUJ ARORA Vs. PRIYA @ PATRICIA HERRERA

JUDGEMENT

(1.) Present appeal under Section 19 (i) of the Family Courts Act, 1984 has been filed by the appellant/husband assailing the judgment and decree dated 27.09.2017 passed by the Judge, Family Court, Rohini, Delhi dismissing the petition filed by the appellant seeking decree of divorce against the respondent/wife under Section 13 (1) (ia) & (ib) of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act').

(2.) The facts giving rise to the present appeal as narrated by the appellant are that the appellant/husband met the respondent/wife for the first time in USA; that parties decided to get married and upon returning to India, the respondent/wife converted herself to Hinduism through a Conversion Certificate issued on 15.10.2009 by Arya Samaj Sultan Bazar, Hyderabad; that the marriage between the parties was solemnized on 17.10.2009 at Arya Samaj Temple, Sultan Bazar, Hyderabad according to Hindu Rites & Ceremonies; that no issue was born out of the wedlock of both the parties; that after marriage, respondent/wife expressed her desire to go to Mexico and despite unwillingness of the appellant/husband, finally on 24.10.2012, the respondent/wife left for Mexico on the pretext of meeting her parents and failed to return to India despite repeated requests and calls made by the appellant/husband; that the appellant/husband being left with no other option, chose to file a divorce petition against the respondent/wife after two years of desertion.

(3.) Learned Counsel for the appellant/husband submitted that the Trial Court failed to consider and appreciate the proved cumulative instances of mental cruelty and held that each by itself would not entitle the appellant/husband to a decree of divorce and the said approach is erroneous and contrary to law. It is also submitted that mental cruelty was clearly established and in any event the marriage has broken down irretrievably, on that score alone the decree for divorce should have been granted in favour of the appellant/husband. Learned counsel further submitted that the respondent/wife left for Mexico on 24.10.2012 and failed to return and join the company of the appellant/husband despite repeated requests and calls which entitle the appellant/husband for grant of divorce on the ground of desertion as provided under Section 13(1) (i)(ib) of HMA.