RANJEET KAUR Vs. SARANJEET

JUDGEMENT

(1.) The present appeal has been filed under Section 19 of the Family Courts Act, 1984 against the judgment dated 22.01.2018 passed by the Family Court by which the petition filed by the respondent/husband seeking divorce under Section 13(1) (ia) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'HMA') has been allowed and the marriage has been dissolved by a decree of divorce.

(2.) The necessary facts to be noticed for the disposal of the present appeal are that the marriage between the parties was solemnized on 20.11.1977, at Patel Nagar, New Delhi, as per Sikh rites and ceremonies. Three children were born from the said wedlock. The parties have been living separately since 1995. A petition under Section 9 of HMA was filed by the appellant/wife in the year 2008, a compromise was arrived between the parties on 12.09.2008. The petition seeking divorce under Section 13(1) (ia) of HMA was filed by the respondent/husband on 01.08.2009.

(3.) The grounds on which the divorce was sought were that the appellant/wife was stated to be in an illicit relationship with one Mohd. Ahmad Ansari, a rickshaw puller, who used to drop the children of the appellant/wife and the respondent/husband to school. It is also pleaded by the respondent/husband that the appellant/wife was very cruel to the mother of the respondent/husband who was an old lady aged about 70 years to the extent that a complaint had to be lodged by the mother-in-law on 19.11.1993. It was further pleaded that the respondent/husband was shunted out by the appellant/wife in the year 1995. Moreover, the appellant/wife purchased a house from the respondent/husband's funds bearing no B-61, Gali no 18, Jitar Nagar, Delhi wherein she was keeping her paramour Mohd. Ansari. Further, the appellant/wife filed a petition under Section 9 of HMA, however a compromise was arrived on 12.09.2008. The appellant/wife also filed criminal complaints against the respondent/husband. A petition was also filed in this court alleging the fact that the respondent/husband had committed the murder of the son of the parties i.e. Amarpreet Singh. The appellant/wife also made allegations against the respondent/husband of having alliances with other women including the widow of their son and one Gyan Kaur.