LOKESH KUMAR Vs. REKHA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied from the judgment and decree dated 16.2.2012 whereby petition under Section 13 (1) of the Hindu Marriage Act, 1955 (In short, "the Act") preferred by the appellant was dismissed by learned District Judge (Family court), Gurgaon, the present appeal has been preferred by the appellant/husband.

(2.) The case of the appellant-husband as put forth in the instant appeal is that the marriage between the parties was solemnized on 18.1.2008 according to Hindu rites and rituals at Qutabpur, Tehsil and Distt. Rewari. After the marriage, the parties lived as husband and wife at Patuadi. The respondent/wife on the very first night straightway refused to have any physical relation with the appellant and told him that she was not interested in keeping any physical relation with him as she was having relations with her paramour ( Sunny). Due to non-cooperative attitude of the respondent, no child was born out of the said wed lock. The respondent used to give threats to the appellant that in case he tried to stop her from making phone calls to her paramour she would leave the matrimonial home permanently. The respondent also threatened the appellant that she would also implicate him and his family members in a false and fabricated case of demand of dowry and harassment. The respondent always used filthy language while addressing to the appellant and his family members. The appellant filed a petition under Section 13(1) of the Act for dissolution of the marriage, which was dismissed by learned District Judge, Family Court, Gurgaon vide order dated 16.2.2013. Hence the present appeal.

(3.) Vide order dated 30.4.2012, the matter was referred to the Mediation & Conciliation Centre of this Court to explore the possibility of amicable settlement between the parties.