SG Vs. RKG

JUDGEMENT

(1.) The present appeal has been filed challenging the judgment dated 23.09.2017 passed by the Family Court in HMA No. 783/14 whereby the petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (hereinafter referred to as "HMA") filed by the respondent/husband for dissolution of marriage has been allowed and the marriage has been dissolved by a decree of divorce.

(2.) The relevant facts necessary for the disposal of the present appeal are that the parties got married on 06.07.1989 as per Hindu rites and ceremonies at Shahjahanpur, U.P. Two sons were born out of the said wedlock on 09.08.1990 and 29.10.1992 respectively and are in the care and custody of the Appellant at Janakpuri, Delhi. The parties are living separately since the year 2008.

(3.) Disputes and differences having arisen between the parties, the respondent/husband filed a petition under Section 13(1)(ia) of HMA seeking dissolution of marriage by passing a decree of divorce on the ground of "cruelty". The grounds on which the divorce petition was filed were that it was a simple marriage and no dowry articles were demanded by the respondent herein. It was pleaded by the respondent (petitioner in the Family Court) that since the very beginning, the appellant (respondent before the Family Court) was not inclined to live in the matrimonial home with his other family members and showed her aggressive attitude. In order to get mental peace in his matrimonial life, the respondent herein started residing separately from his other family members but still the attitude of the appellant did not change. The respondent further pleaded that the appellant always ridiculed him in social circle because he had studied only up to class 10th whereas the appellant is post graduate in economics. It was also pleaded by the respondent that the appellant never used to do the household work and picked up a quarrel whenever asked to do the same.