SANJAY YADAV Vs. ANITA YADAV

JUDGEMENT

(1.) The appellant filed a petition, under Section 13 of the Hindu Marriage Act, 1956, for grant of divorce on the ground of cruelty and desertion, Vide Judgment, dated 25-9-2000. the Additional District Judge, Gurgaon dismissed the petition. An appeal, filed by the appellant, was dis- missed by the learned single Judge, vide order dated 5-12-2001.

(2.) Challenge in this Letters Patent Appeal is to the aforementioned orders.

(3.) The appellant (husband) and the respondent (wife) were married on 3-12-1996 at Gurgaon. On 14-5-1998, the appellant filed a petition for grant of divorce on the ground of cruelty and desertion. The grounds of cruelty were sought to be established by pleading (a) behaviour of the respondent in the matrimonial home towards the appellant, as also his family members was rude and inhumane, (b) during her very short stay, the respondent insulted the appellant and his family members over small matters, (c) the respondent is hot headed and in the habit of picking quarrels, (d) the respondent vitiated the atmosphere by abusing and insulting the appellant and his family members, (e) she insisted that the appellant should reside separately from his parents, (0 the respondent never cooked meals either for the appellant or his family members, (g) despite information, the respondent failed to attend the condolence ceremony of the appellant's uncle, (h) on numerous occasions, the respondent telephoned the appellant at his place of posting and threatened him with dire consequences and hinted that she would commit some unlawful act including committing of suicide, (i) the appellant served a legal notice, dated 15-4- 1998 'through his Advocate at Ajmer. The respondent visited the office of the appellant's Advocate and misbehaved with him, (j) the respondent had concealed her actual date of birth before marriage. The fact that she was two years elder to the appellant, led to mental agony, and (k) the rer spondent refused to cohabit with the appellant and declined to have sexual relations with him.