J Vs. JC

JUDGEMENT

(1.) The present appeal has been filed challenging the judgment dated 05.10.2018 passed by the Family Court in HMA No. 565/2018 whereby the petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955 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 present appeal are that the parties got married on 16.02.2009 as per Hindu rites and ceremonies at Delhi. After the marriage both the parties resided together at Delhi. Although the marriage was consummated but there is no issue from the said wedlock.

(3.) Disputes and differences having arisen between the parties, the respondent/husband filed a petition under Section 13(1)(ia) of the Hindu Marriage Act seeking dissolution of the 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 or his family members and only a few items were gifted during the marriage. It was pleaded that since the beginning of the marriage, the appellant (respondent before the Family Court) taunted the respondent herein and often called him impotent (Namard). It was claimed that the conduct of the appellant towards the respondent, his parents and other family members was inhuman, she never shared any work in the kitchen nor gave any love and affection to the respondent. It was further pleaded that the appellant was in a bad habit of picking up frequent quarrels with the respondent and his family and created public scenes. She never gave any respect to the relatives and friends of the respondent and an incident of 02.02.2013 was narrated in the pleadings to state that when two relatives of the respondent, namely Jitender and Devender, came to the matrimonial home and the appellant was asked to prepare tea, she not only rebuked the respondent and insulted him, but also slapped him and called him Namard. The respondent also pleaded that the appellant often left the matrimonial home and went to her parental home without his consent or permission and on being asked as to why she would leave the matrimonial home so often, she would use abusive language and quarrel with the respondent. The respondent pleaded that on 22.02.2013, the appellant picked up a quarrel with the respondent and threw the kitchen articles and also used filthy language including abusing the respondent by calling him a Bauna and thereafter on her own accord, she left the matrimonial home with her jewellery.