DEEPIKA ARORA Vs. RAVINDER GABA

JUDGEMENT

(1.) THE appeal has been filed by the appellant wife against the judgment and decree dated 12.11.2013 passed by the learned Additional District Judge, Kurukshetra whereby her petition seeking dissolution of the marriage between the parties has been dismissed ex parte. Along with the appeal, C.M. No.4758 -CII of 2014 has been filed seeking condonation of 22 days delay in filing the appeal.

(2.) THE marriage between the parties was solemnised according to Hindu rites and ceremonies at Dulhan Palace, Pehowa, District Kurukshetra on 05.07.2009. The marriage was registered with the Registrar Marriages, Municipal Committee, Pehowa on 10.07.2009. After marriage, the parties lived together as husband and wife and cohabited with each other. From the marriage, however, they had no issue. The appellant was in service prior to her marriage in Punjab. After marriage, she was pressurised to leave her job and live at Pehowa. The appellant left her job which according to her caused mental agony to her. It is alleged by the appellant that the respondent was habitual in harassing her on petty matters. The parties went to England on the basis of study viza and started working there. However, due to temperamental differences, they could not live together. They have been living separately since 10.02.2011 and could not reconcile their differences. According to the appellant, the respondent did not provide expenses to her which also caused cruelty to her. Accordingly, the petition was filed.

(3.) NOTICE of the petition was issued to the respondent. He appeared through his counsel and filed his written statement. Thereafter, when the case was fixed for reconciliation, he did not appear and ultimately was proceeded against ex parte vide order dated 25.07.2013. The appellant in her evidence in order to prove cruelty and desertion examined herself as PW1. She tendered in evidence her affidavit Ex.PW1/A in which the allegations as made by her in her petition were reiterated. Besides she examined her mother, namely, Meenakshi Arora, who filed her affidavit Ex.PW2/A. The said affidavit is on the same lines as that of the appellant. The learned trial Court after considering the evidence led by the appellant held that the appellant had failed to prove that the respondent committed any physical or mental cruelty which could be said to have a lasting impact on her. Besides the appellant had failed to prove that she was deserted by the respondent on 10.02.2011. The evidence that had been brought on record, it was held, was not sufficient to establish cruelty and desertion. In the circumstances, the divorce, it was held, could not be granted. Accordingly, the petition was dismissed.