BHARAT DIXIT Vs. USHA DIXIT

JUDGEMENT

(1.) The present appeal is preferred against the judgment and decree dtd. 13/2/2017 passed by learned District Judge, Family Court-I, Faridabad, whereby a civil suit number 34 of 2016/2012 titled as 'Bharat Dixit v. Mrs. Usha Dixit' for declaration with consequential relief of permanent and mandatory injunction filed by the plaintiff/appellant against respondent, was dismissed. FACTUAL BACKGROUND

(2.) Brief facts of the case are that plaintiff was married to defendant on 12/2/1996 according to Hindu rites and ceremonies. Two daughters namely Kajal and Akansha were born out of the wedlock. It is averred that plaintiff is the absolute owner of Plot No. 94, Block A, SGM Nagar, Faridabad measuring 200 sq.yards i.e. 30 ft x 60 ft. forming part of Khasra No.132/4, situated within the revenue estate of village Badkhal, Tehsil and District Faridabad. The said property was purchased by him from various persons by making payment of the entire sale consideration. General Power of Attorney was also executed in his favour. Thereafter the plaintiff executed sale deed No. 14969 dtd. 29/12/2015 in favour of the defendant and she became owner in possession of the same. Construction was raised on the said plot and after getting electricity connection, he started his business under the name and style of M/s Bharat Engineering Works therein.

(3.) Further averments made by the plaintiff are that he had tried to maintain the defendant comfortably but she refused to perform her household chores. She used to treat him with cruelty and even used filthy language in the presence of his friends and relatives. She also threatened to implicate him in a false dowry case and he was constrained to file a divorce petition under Sec. 13 of the Hindu Marriage Act against her but she did not put in appearance deliberately in that case which resulted in dissolution of marriage between them vide ex parte judgement and decree dtd. 19/7/2011. She moved an application for setting aside the said judgment and decree levelling false allegations of cheating and misrepresentation against the plaintiff/appellant and the same is still pending.