VIKAS SHARMA Vs. POONAM

JUDGEMENT

(1.) Having remained unsuccessful in a petition filed under Section 13 of the Hindu Marriage Act, 1955 (In short "the Act") for dissolution of marriage by a decree of divorce, the appellant-husband has approached this Court by way of instant appeal challenging the judgment and decree dated 30.10.2014 passed by the District Judge, Family Court, Gurgaon.

(2.) Sans unessentials, the facts of the case are that the marriage between the parties was solemnized on 27.4.2009 at village Kasar, Tehsil Bahadurgarh, District Jhajjar (Haryana) as per Hindu rites and ceremonies. After the marriage, the parties lived together as husband and wife and out of the said wedlock, a son, namely, Sidhhant was born on 16.4.2012. The respondent was egoistic and misbehaved with the appellant and his family. She refused to do the household chores and levelled false allegations against his mother. The appellant and his mother complained to her parents but they did not make any efforts to persuade her to behave properly. The respondent did not like his parents and was abusive towards them. The appellant started living separately with the respondent but she was still dissatisfied. He suspected that she was involved in an extra marital relationship. She threatened him and his family members to implicate them in false criminal cases. Even she filed a complaint against the appellant and his family members to extract money from them. She made a complaint at Police Post Rajendra Park, Gurgaon and the local police had visited the appellant. However, after investigation, he was found innocent and the respondent was at fault. The respondent finally refused to cohabit with him and left the matrimonial home on 7.11.2010 without his consent. The appellant along with his elder brother Neeraj and cousin Vijay had gone to her parental house on 27.3.2011 to bring her back but they refused to send her. He also filed a petition under Section 9 of the Act for restitution of conjugal rights. The matter was compromised and the said petition was withdrawn on 25.11.2011. However, her behaviour did not change and she even filed a petition under Section 125 of the Code of Criminal Procedure in the court at Bahadurgarh. In the year 2011, she conceived and during her pregnancy, she threatened to kill herself and implicate the appellant and his family members. On 16.4.2012, a son was born and she did not permit the appellant and his family to handle the child and on enquiry she disclosed that the child was fathered by someone else. The appellant told this fact to her family but her father continued to support her. She finally left the matrimonial home on 1.7.2012 along with her jewellery and other belongings. All the efforts of the appellant to bring her back had failed and she had deserted him without any cause. Accordingly, the appellant filed a petition under Section 13 of the Act for divorce. The said petition was contested by the respondent by filing a written statement. It was pleaded that infact it was the appellant who had always been cruel and harsh to the respondent.

(3.) The appellant in support of his case examined himself as PW1 and his mother Smt. Shakuntla as PW2. On the other hand, the respondent examined herself as RW1 and her father Govind as RW2.