RAJEEV GUPTA Vs. NANDNI GUPTA

JUDGEMENT

(1.) THIS appeal has been preferred, under section 28 of Hindu Marriage Act, against the order dated 18.9.2013 passed by the learned District Judge (Forests), Shimla in HMA Petition No. 20 -S/3 of 2013/12 in case titled Rajeev Gupta vs. Smt. Nandni Gupta, whereby he dismissed the petition preferred, under section 13 of the Hindu Marriage Act against the respondent for dissolution of marriage by decree of divorce.

(2.) THE facts of the case are that parties are Hindu and marriage between them parties was solemnized on 7.3.2002 as per Hindu rites. The parties cohabited together and two children were born out this wedlock. It is averred that after solemnization of marriage, the petitioner had discharged his matrimonial duties and obligations with utmost care and caution, but the respondent's behaviour and attitude with the petitioner and his parents was not cordial. It has also been pleaded that petitioner has to maintain his aged ailing parents and petitioner tried his level best to adjust with the indifferent behaviour of the respondent but to no avail. The respondent wanted to live separately from the parents of the petitioner for which the petitioner never agreed and, therefore, the respondent left the matrimonial house many times without informing the petitioner and presently the respondent is living alone in a separate room of the petitioner's house and not performing her matrimonial obligations as a wife. It is also averred that respondents used to insult the petitioner in presence of his friends, relatives as well as his family members and it was difficult for the petitioner to call his friends or relatives to his house due to the fear of being insulted at the hands of the respondent. The respondent also threatened the petitioner to involve him in false cases under Section 498(A) of IPC and Domestic Violence Act and under other provisions of law. It is further averred that the petitioner is having good status and enjoys good reputation, but due to the acts of the respondent, reputation of the family of the petitioner was lowered in the society. As per the petitioner, the parties are living separately since 15.11.2011 and the respondent is not fulfilling her matrimonial obligations towards the petitioner and had completely deserted him for a continuous period of more than two years without any reasonable cause, hence this petition.

(3.) THE petitioner led ex -parte evidence before the learned courts below. The learned court below on the basis of the pleadings and evidence held that on the scrutiny of the testimony of the petitioner and his witnesses, it could not be said that the petitioner was treated with cruelty or that there was desertion. The allegations were general in nature and not proved by leading cogent, reliable and trustworthy evidence and therefore, no ground for grant of decree of divorce on the grounds of cruelty and desertion was made out and consequently dismissed the petition.