RAMA DUTT Vs. ARVIND

JUDGEMENT

(1.) The present appeal lays challenge to the judgment and decree dated 08.02.2018 passed by the learned District Judge, Jhajjar, allowing the petition filed by the respondent-Arvind, for seeking divorce under Section 13(1)(i)(ia) of the Hindu Marriage Act, 1955.

(2.) The marriage of the parties was performed on 11.03.2011 and a pre-mature baby was born out of this wedlock but he did not survive. It was a simple marriage. The appellant-wife used to treat the respondent-husband and other members of his family with cruelty. The respondent-husband was serving in the Indian Air Force and was posted in Bhuj (Gujrat) from 2007 to 25.06.2012. After the marriage, the respondent-husband wanted to take his family with him to Bhuj but his mother-in-law objected to the same. On 25.04.2011, the brother of the appellant-wife took her to Bhuj, where she started quarrelling with the respondent-husband and her behaviour was very rude.

(3.) On 07.06.2011, when the respondent-husband came to his village, he invited his friends, Rattan Kumar and Sachin, but the appellant-wife refused to serve them food. The appellant-wife insulted the respondent-husband in the presence of his friends. She also refused to celebrate Karvachauth and Diwali with the respondent-husband. On the night intervening between 21/22.08.2011, the appellant-wife tried to commit suicide by strangulating herself but she was saved by the respondent-husband. Finally, the appellant deserted the respondent on 11.09.2012. Thereafter, appellant-wife falsely implicated the respondent-husband and his parents in a criminal case having FIR No.361 dated 22.11.2012 under Sections 498A, 406 and 506 of the Indian Penal Code (hereinafter referred to as 'IPC'), Police Station Beri. The respondent-husband prayed for a decree of divorce on the ground of cruelty and desertion.