VISHESH MALHOTRA Vs. ALKA MALHOTRA

JUDGEMENT

(1.) The present appeal lays challenge to the judgment and decree dated 11.09.2013 passed by the District Judge, Gurgaon dismissing the petition filed under Section 13 of the Hindu Marriage Act 1955 by the appellant (husband), seeking divorce on the ground of cruelty and adultery.

(2.) The marriage of the parties was performed at New Delhi in the year 1989. Two sons have been born out of the wedlock in the year 1990 and 1995. The appellant has accused his wife of causing mental cruelty inter alia on the following grounds: -

(3.) The respondent filed the written statement controverting the averments set up in the petition. It is averred that the appellant is a hot tempered person, gets furious upon small things and is in the habit of assaulting the respondent. He hit the respondent with a paper weight and she was constrained to call the police to save her life. She has denied all the material averments in the petition levelling allegations in regard to her misconduct or extra marital affair. It is further averred that the petitioner has raised vague and general allegations just to create a ground for filing the petition.