GAUTAM CHADDHA Vs. RICHA CHADDHA

JUDGEMENT

(1.) THIS appeal, preferred under Section 19 of Family Courts Act, 1984, read with Section 28 of the Hindu Marriage Act, 1955, is directed against the judgment and order dated 10.09.2007, passed by Additional Judge, Family Court, Rishikesh, District Dehradun, in Suit No. 02 of 2004, whereby the petition for divorce, filed by the respondent, has been allowed and marriage between the parties has been dissolved.

(2.) HEARD learned counsel for the parties and perused the Lower Court Record.

(3.) BRIEF facts of the case are that respondent -Richa Chaddha got married to appellant -Gautam Chaddha on 13.12.1999, in accordance with Hindu Rites, at Delhi. Twins, namely SanaChaddha and Sparsh Chaddha, born out of the wedlock on 25.01.2002. Since 20th October 2003, the parties are living separately from each other. The respondent filed a petition for divorce under Section 13 of Hindu Marriage Act, 1955, alleging that she has been treated with cruelty by her husband. She has further pleaded that she was harassed for demand of dowry. She has further pleaded that her husband Gautam Chaddha (present appellant) is living in adultery. The details of cruelty are also pleaded date -wise in the petition, alleging that the husband insulted the wife by hurling abuses at her. It is also alleged that the respondent was assaulted by the appellant. It is further pleaded by the respondent that conditions were made intolerable by the appellant after delivery of twins, as he was more violent thereafter. It is also alleged that on 08.08.2003, the appellant attempted to strangulate the respondent. It is also stated by respondent in her petition that she lodged First Information Report relating to harassment for no fulfillment of demand of dowry against her husband and in -laws, in which in -laws were arrested and released on bail. With the petition for divorce, the respondent also made prayer for alimony and custody of children, and return of the articles given in marriage.