K K K Vs. B

JUDGEMENT

(1.) The present appeal has been filed challenging the judgment dated 05.04.2017 passed by the learned Trial Court in HMA No.61546/2016 whereby the petition under Section 13 (1) (ia) and (ib) of Hindu Marriage Act, 1955 filed by the appellant for dissolution of marriage has been dismissed.

(2.) The brief and relevant facts are that the parties got married on 13.04.1996 at Delhi as per Hindu Rites and Ceremonies. A girl child was born on 27.11.1997 out of the said wedlock. The parties cohabited as husband and wife at the matrimonial home at Raj NagarII, Palam Colony, New Delhi.

(3.) The disputes and differences having arisen between the parties, the appellant/husband filed a petition on 04.03.2003 seeking dissolution of marriage on ground of "cruelty" and "desertion" against the respondent/wife. The grounds on which divorce petition was filed are that it was a simple marriage and without any dowry and from the beginning the appellant had showered love and affection on the respondent and tried to provide all the comforts to her, but she was always indifferent and non-cooperative. The respondent never wanted to stay in the matrimonial home would always force the appellant to arrange for an alternative residence in some posh colony at Yojna Vihar on the ground that the matrimonial home was not upto her status and unhygienic and she felt suffocated in her matrimonial home. The appellant naturally expressed his inability to move out of the house as he could not afford a house in a posh colony nor could he afford leaving his old and aged parents alone and, thus, this became a main cause for repeated fights between the parties. It was pleaded that many times the respondent would abuse and insult and threaten his parents and him and on 15.08.1996 the matter became very serious, when the respondent went to the extent of threatening the appellant that if he did not fulfill her demands, she would implicate him and his family members in a dowry case. Grievance also was that the respondent always neglected her matrimonial duty and never cooked food or washed utensils and did not even care for his old and ailing mother and on being asked to do any household chores, she would respond by saying that she was not a maid servant. Another ground in the divorce petition was that after birth of the child on 27.11.1997 though the appellant and his family members provided good care and diet to the respondent, she started leaving the matrimonial home frequently and started going to her parental house and on 11.07.1998 while the appellant was away, she picked up a quarrel with his mother and abused and insulted her and left the matrimonial home along with her clothes, jewellery and other valuables. While leaving the house, she left behind two written notes addressed to the appellant. The scanned copy of the said notes are re-produced below: