KRISHAN KUMAR Vs. SMT. NIDHI ARORA

JUDGEMENT

(1.) THIS appeal by the husband/appellant is directed against the judgment and decree dated 21.7.2005 passed by the learned Additional District Judge, Faridabad vide which petition filed by husband/appellant under Section 13 of the Hindu Marriage Act, 1955 (for short the Act) for dissolution of marriage was ordered to be dismissed.

(2.) THE marriage between the parties was solemnized on 22.8.1997 at Shiv Mandir Dharamshala, Titarpur New Delhi according to Hindu rites and ceremonies. The parties cohabited as husband and wife at Faridabad but no child was born out of this wedlock. The respondent/wife was employed as Steno in the Punjab National Bank at New Delhi. Therefore, she used to go to her office from Faridabad and returned to the matrimonial home after duty hours in the evening. The allegations of the appellant were that after 2 months of the marriage it was found that the respondent was mere inclined to her parents and did not care or bother for the appellant's family or the matrimonial home. She spent weekly nights at parental home alone without the consent of the appellant. The case set up by the appellant was that he tried to make her understand about her matrimonial duties and gave a suggestion that she should avoid weekly stay at her parental home. In response to the suggestion the respondent/wife disclosed that she did not enjoy the company of the family members of the appellant, and for this reason she spent Saturday and Sunday evenings with her parents.

(3.) ON 5.10.1997 the respondent put up a demand for independent home away from the parents of the appellant. The stand of the appellant was that he could not think of leaving his parents in their old age when his attendance was most required. This stand of the appellant was not liked by the respondent. It was also the pleaded case of the appellant that the respondent was not interested in the marriage, as the appellant was not of her liking. She also disclosed that, in fact, the respondent was only interested in the marriage alliance with a person who was in the banking industry. The appellant also pleaded that he was told by the respondent that in case she had not married him she would have enjoyed life in her own way. The respondent further disclosed that Faridabad is a small place as compared to Delhi where she used to enjoy colourful Delhi in the late hours whereas the life stands still at Faridabad after 9 PM. The appellant made respondent understand that being a Hindu Indian family the parents of the appellant did not like the culture of appellant remaining out in late hours. But instead of this she always requested the appellant to go Delhi and have dinner in different hotels.