MAJOR AJAY BHARDWAJ Vs. MAJOR (MS) POONAM BHARDWAJ

JUDGEMENT

(1.) This FAO is directed against the judgment dated 16.3.2015, passed by the learned Addl. District Judge-I, Solan, H.P., in H.M. Petition No. 16-S/3 of 2010.

(2.) Key facts, necessary for the adjudication of this appeal are that the appellant-petitioner (hereinafter referred to as the appellant) has instituted a petition under Section 13 of the Hindu Marriage Act, 1955, against the respondent for dissolution of marriage by decree of divorce. The marriage between the parties was solemnized on 2.10.2006 according to Hindu rites and customs at Hotel Prashant Inn, Sector 10, Panchkula, Haryana. One daughter, namely, Aasma Bhardwaj was born on 22.2.2008, who is in the custody of the respondent. The petitioner has given the instances of treating him with cruelty by the respondent as per details given in para 3 of the judgment. According to the appellant, these instances have put him under pressure leading to stress. The respondent had also filed complaint before the President AWWA Army Headquarter, New Delhi, whereby she has leveled false allegations of having illicit relations with Captain Mary Joy. These allegations have been leveled by the respondent against the petitioner to socially humiliate and cause mental and physical harassment.

(3.) The petition was contested by the respondent. She specifically denied the averments made in the petition. According to her, the appellant and his parents have never visited the respondent at the time of birth of girl child. The petition has been filed to cover up his extra-marital affairs with Christian lady Mary Joy, during posting at Aizwl (Mizoram). She was humiliated by the parents of the appellant for bringing insufficient dowry. They had restricted her entry in their house. The major portion of the salary of the petitioner used to remain in the accounts of the parents and the remaining was being spent by the appellant on Mary Joy.