KRISHAN Vs. TRIPTA

JUDGEMENT

(1.) Aggrieved against the judgment and decree dated May 03, 2010 passed by the learned District Judge, Family Court, Gurgaon whereby the petition preferred by Sh. Krishan (petitionerappellant) under Section 13 of the Hindu Marriage Act, 1955 (for brevity 'the Act' only) was dismissed, instant appeal has been preferred.

(2.) In nutshell, averments made in the divorce petition runs as under:- x x x that the marriage of the petitioner/appellant was solemnised with respondent-wife Smt. Tripta on April 13, 2002 at Gurgaon according to the Hindu customs. They lived together as husband and wife but no child was born out of their wedlock. The petitioner-appellant had sought dissolution of marriage on the allegations that his wife stayed only with him for about one month. During her stay in matrimonial home, her behaviour was rude and obstinate although she was treated nicely by him as well as his family members.

(3.) Upon notice of the petition, the respondentwife had put in appearance and filed written statement controverting all the allegations made in the petition. She took preliminary objections inter alia on the grounds that the petition is barred by law under the provisions of Order 2 Rule 2 CPC; that the present petition is not maintainable in the present form; that the petitioner has no cause of action to file the petition; that the petitioner is estopped from filing the present petition by his own act and conduct and he cannot take advantage of his own wrongs especially when he has not approached the court with clean hands and suppressed the material facts.