NAKUL SAXENA Vs. SHIVANI SAXENA

JUDGEMENT

(1.) This order will dispose of the above titled appeals filed by the appellant-husband against the judgment and decree dtd. 24/12/2013 whereby the divorce petition filed by the appellant under Sec. 13 of Hindu Marriage Act (in short 'HMA') against his wife-respondent on the ground of cruelty and desertion was dismissed; and judgment and decree dtd. 10/12/2012 whereby the petition filed by the respondent-wife under Sec. 9 of HMA was decreed against the appellant-husband by the Court of District Judge, Family Court, Hisar.

(2.) The facts of the case in nut-shell are that the appellant filed divorce petition under Sec. 13 HMA in which he inter alia pleaded that the parties got married on 19/5/2005, as per hindu rites and ceremonies, at Lucknow. Out of this wedlock one male child was born on 7/11/2007 and now the parties are living separately since 28/11/2009.

(3.) As per the appellant, after marriage, the parties started living in Delhi, where the appellant was working. Then they shifted to Ghaziabad, where father and sister of the appellant were also living with them. Sister of the appellant got married in December, 2006. The respondent got her Doctorate degree in 2007 and prior to that she went to Hisar to pursue the said degree, where her parents were residing. The entire educational expenses of the respondent to pursue Ph.D. were borne by the appellant.