KANCHAN SETIYA Vs. NITIN SETIYA

JUDGEMENT

(1.) Instant appeal is preferred against the judgment and order dtd. 23/12/2024, passed in Original Suit No. 131 of 2022, Kanchan Setiya Vs. Nitin Setiya, by the court of Additional Principal Judge (Additional Charge), Family Court, Udham Singh Nagar. By which, the petition filed by the appellant under Sec. 13 (1) (i-a) of the Hindu Marriage Act, 1955 ("the Act") seeking divorce has been rejected.

(2.) The appellant sought divorce inter alia on the ground that she and the respondent were married on 1/2/2013. But after marriage, she was harassed and tortured for and in connection with the demand of dowry. The respondent would pick quarrels on small issues and assault the appellant with shoes and slippers. The appellant continued bearing it. On 13/5/2016, she gave birth to a baby boy, but the acts of cruelty perpetrated by the respondent persisted even thereafter. But, it is also one of the grounds for divorce that the respondent alleged that he is not the biological father of the child delivered by the appellant. Finally, according to the appellant, the respondent expelled her from her matrimonial house.

(3.) The respondent did file his objections and denied all the allegations of cruelty and harassment for any reason whatsoever. According to him, after delivering the baby boy, on 13/5/2016, the appellant started insisting that she wanted to stay in her parental house; she does not want to stay in her matrimonial house. Thereafter, according to the respondent, the conduct of the appellant became cruel. But, the respondent continued bearing all these cruel treatment that was meted out to him. According to the respondent, after giving birth to the baby boy, the appellant became too weak. She was treated for it also. It is the claim of the respondent that he has taken all care of the appellant. He had also purchased a plot in the name of the appellant, on which he constructed a house after taking a housing loan.