PRITHVIPAL SINGH Vs. ANITA

JUDGEMENT

(1.) Affidavits filed alongwith the application are taken on record subject to all just exceptions. Office to tag the same at appropriate place.

(2.) The brief facts of the case are that the marriage between the parties was solemnized on 05.02.1988 as per Hindu rites and ceremonies at Sirsa. After the marriage, the appellant and respondent lived together as husband and wife but no child was born out of their wedlock. The conduct of the respondent-wife towards the appellant as well as his family members was very cruel. She often misbehaved with the appellant and ill treated his parents and other family members. She even used abusive language for them. She did not care to cook food for them and even refused to prepare tea whenever any relative or a friend of their used to visit the family of the appellant. The respondent often threatened to leave the matrimonial home as she was not satisfied with her life with the appellant. She always threatened the appellant with dire consequences if he insisted upon having sexual relations with her because she never wanted a baby at the cost of her physical look and appearance. The appellant kept on tolerating all this with the hope that she would mend herself and live in the matrimonial home peacefully but of no avail. The respondent-wife is residing with her parents since she left the matrimonial home in November 2002. The marriage has thus irretrievably broken down. The appellant has not in any manner, condoned the acts of cruelty committed by the respondent-wife which gave rise to a reasonable apprehension in his mind that it would be injurious for him to live with her. The cruel behaviour of the respondent towards the appellant and his family members caused him physical and mental cruelty which forced the appellant to file a petition under Section 13 of the Act for dissolution of the marriage, which was dismissed by the learned District Judge, Family Court, Gurgaon vide order dated 14.01.2010. Hence the present appeal.

(3.) During the pendency of the appeal, the matter was referred to the Mediation and Conciliation Centre of this Court vide order dated July 18, 2013, for exploring the possibility of amicable settlement between the parties.