PUNEET KUMAR TRIVEDI Vs. NITIKA PATHAK

JUDGEMENT

(1.) Heard Shri Asit Kumar Chaturvedi, learned Senior Advocate assisted by Shri Avinash Chandra, learned counsel for the appellant and Shri Anurag Narain, learned counsel for the respondent. Under appeal is the judgment and order dtd. 18/7/2014 passed by Principal Judge, Family Court, Hardoi in Regular Suit No.419 of 014 (Puneet Kumar Trivedi vs. Nitika Pathak), which was filed for dissolution of marriage between the parties solemnized on 22/11/2004. Facts, in brief, as submitted by Sri Asit Chaturvedi, learned Senior Advocate are that the marriage was solemnized on 22/11/2004 between the appellant/Puneet Kumar Trivedi and respondent/Smt. Nitika Pathak as per Hindu Rites and Rituals. From the very beginning, the respondent/Smt. Nitika Pathak abused the family members of the appellant by using unparliamentary language and incorrectly blamed that family members of the appellant had humiliated her family members. Time and again, the respondent quarreled with the family members of the appellant, who tried to stop the violence made by the respondent but no fruitful result was achieved. In the meantime, the appellant got a job of Medical Representative, at Meerut and the respondent was living with her father-in-law and mother-in-law at Delhi and she always used to scold them. On 25/5/2005, the marriage of the younger sister of the appellant was solemnized at Lucknow and at that time the respondent made defiant attitude and stopped her family members to attend the marriage. On 30/1/2006 she told her father and brother, who at that time was living at Noida on phone that she would commit suicide by consuming pesticide (poison). Thereafter the father of the respondent called the father of appellant and told about the same, then the father of the appellant immediately took her to the doctor and in the meantime, brother of the respondent reached Delhi from Noida and after medical treatment, the doctor told that the she is out of danger. Thereafter, on 17/2/2006 the father and mother of the respondent came at Delhi and they were embarrassed for the act adopted by the respondent. On the same day i.e. on 17/2/2006, the respondent went her home with her parents. It is further stated that thereafter the grandmother of the appellant wanted to see her grand daughter-in-law, but the respondent refused and humiliated her. The grandmother could not bear humiliation and due to heart attack, she died on 10/3/2006 and even the respondent did not appear in the last rituals of the grandmother of the appellant. It is also stated that in spite of the all ill deeds carried out by the respondent, the family members of the appellant tried there level best for conciliation between the parties to save the matrimonial house. In this regard, the mediation also took place but there was no fruitful result. As such the appellant filed a divorce petition under Sec. 13 of Hindu Marriage Act, which was registered as Regular Suit No.904 of 2008. Later on the same suit was registered as Regular Suit No.419 of 2014 before the Family Court, Hardoi, which was dismissed vide order dtd. 18/7/2014 passed by Principal Judge, Family Court, Hardoi. Aggrieved by the said order, the present appeal has been filed. Shri Asit Chaturvedi, learned Senior Advocate while assailing the impugned judgment submitted that on the basis of the evidence including the documentary evidence led on behalf of the appellant, it is categorically established and proved that there was no possibility of reunion of relationship between the appellant and respondent, long separation and no possibility of reunion amounts to cruelty and in spite of the said facts, the trial Court has dismissed the divorce suit. In support of his argument, he placed reliance on the following facts/grounds :