N V Vs. A V

JUDGEMENT

(1.) The present appeal has been filed challenging the judgment dated 5.10.2017 passed by the Family Court in HMA No. 950/2014 whereby the petition under Section 13(1)(ia), (ib) of the Hindu Marriage Act, 1955 (hereinafter referred to as "HMA") filed by the appellant/wife for dissolution of marriage has been dismissed.

(2.) The relevant facts necessary for the present appeal are that the parties got married on 02.07.2003 as per Hindu rites and ceremonies at Delhi. After the marriage both the parties resided together at Delhi. Marriage was consummated and one son named Harshit was born from the wedlock on 05.04.2004.

(3.) Disputes and differences having arisen between the parties, the appellant/wife filed a petition under Section 13(1)(ia), (ib) of the HMA seeking dissolution of the marriage by passing a decree of divorce on the grounds of "cruelty" and "desertion". One of the grounds alleged in the divorce petition was that at the time of solemnization of marriage, dowry was given by the parents of the appellant which included household articles, one motorcycle, gold and silver ornaments besides several other articles. Along with this, cash amounting to Rs. 51,000/- was given at the time of Kanyadan and Rs.50,000/- was given on different functions of the marriage. Her parents had thus spent far more than their financial capacity on the wedding ceremonies itself. Despite so much having been given at the time of marriage, the respondent and his family members were not happy and when the appellant joined the matrimonial home, they expressed their disappointment over the quantum of articles received. It was pleaded by the appellant that the respondent and his family members demanded a car and a further sum of Rs. 1 lakh and pressurized the appellant to meet such demands. She was never given any love, affection and respect by the respondent or his family members. It was also alleged that the parents of the respondent taunted the appellant that good proposals with handsome dowry were available for their son and that the marriage with the appellant caused a loss to them, in every way.