SANDEEP Vs. GEETA

JUDGEMENT

(1.) Having lost his case of seeking dissolution of his marriage with respondent-wife on the ground of cruelty in terms of Section 13 (1) (ia) of the Hindu Marriage Act, 1955 (hereinafter called 'the Act') before the Additional District Judge, FTC, Sonepat, the husband has knocked at the doors of this Court by way of filing the present appeal.

(2.) Marriage between the parties was solemnized on 27.2.2002, making promises of enduring nature to be supportive and sustaining to each other. The marriage encountered rough weather when the respondent was not able to bear a child. The appellant-husband made allegations that the wife was sharp-tongued, and of quarrelsome nature and was not obedient to his commands as also in performance of household work. Claiming that such alleged conduct of the wife amounted to physical and mental cruelty, he filed a petition on 26.3.2009 for dissolution of the marriage.

(3.) Later, by way of an amendment made in the petition, it was also claimed that the respondent was having a hole in her heart due to which she had become aggressive and violent in addition to having become a psychiatric patient. It was pleaded that non-disclosure of this disease, to the petitioner, was a fraud which also was a sort of cruelty, in addition to rendering of the marriage as void.