DEEPAK GUPTA Vs. NEHA CHAUHAN

JUDGEMENT

(1.) This is an application for condonation of delay of 10 days in filing the appeal. For the reasons recorded therein, CM is allowed and delay of 10 days in filing the appeal is condoned. FAONo.549 of 2021

(2.) This appeal arises out of the judgment and decree dtd. 3/2/2020 passed by the Principal Judge, Family Court, Patiala whereby petition under Sec. 13 of the Hindu Marriage Act, 1955 (for short 'the Act') for grant of a decree of divorce against respondent-wife was dismissed.

(3.) Learned counsel for the appellant, inter alia, submits that the learned trial court has grossly erred in dismissing the aforesaid petition of the appellant. Learned counsel submits that the evidence led by the appellant before the trial court remained uncontroverted, since filing the petition under Sec. 13 of the Act, the respondent-wife remained absent during the proceedings even after service through publication and she was proceeded against ex-parte vide order dtd. 3/12/2019. It is contended by the learned counsel that the petition for divorce was filed on the grounds of 'cruelty' and 'desertion' against respondent-wife who is said to be a high handed lady of adamant and dictatorial nature and her acts have caused 'cruelty', harassment and mental pain and agony to the appellant making it impossible for him to continue the bond of marriage with her. It is further contended by the learned counsel that after reaching Canada, respondent-wife used to pick quarrel with the appellant on petty matters and deserted him on 1/8/2018 without any reasonable ground. Learned counsel submits that the respondent-wife also harassed the appellant as on 10/3/2018 a false complaint was got registered by the respondent-wife against the appellant and he was arrested by the police and later on he was acquitted in that false case. In support of his submissions, learned counsel for the appellant relies upon the judgments K. Venkataramiah v. A. Seetharama Reddy and others, 1963 AIR (SC) 1526, Satvir Kaur v. Parminder Singh, (P&H DB), Law Finder Doc Id # 781841 and Chunilal Ojha V. Mul Shankar Ojha and others, 1961 AIR (Orissa) 169.