MOHIT MATHUR Vs. MANISHA MATHUR

JUDGEMENT

(1.) Instant appeal is directed against judgment & decree passed by the ld. Family Court, Ajmer, Dt. 25.5.2007 for dissolution of marriage u/S. 13 of the Hindu Marriage Act, 1955 (The Act).

(2.) The facts giving rise to the present appeal in nutshell are that the appellant husband got married with the respondent wife according to the Hindu rites & customs on 3.10.1998 at Ajmer. The complaint of the appellant is that the respondent wife concealed the salient fact from the appellant and his family members that she is hard of hearing and was undergoing treatment and that has resulted him in very awkward situation in front of family members & friends and the appellant had to suffer mental agony and humiliation. The parties lived together upto April 2001 and as alleged during this period she did not discharge her matrimonial obligations and that was the reason that there was no issue out of this wedlock.

(3.) It is also alleged that the respondent after leaving appellant's house worked in Savitri Girls College, Ajmer from July 2001 to November 2002 in the clerical cadre and while the appellant was in Ajmer, she stayed separately in Girls Hostel. Ajmer and because of great mental stress and agony, divorce petition came to be filed by the appellant u/S. 13 of the Act before the ld. Family Court, Ajmer on 15.12.2002. It was also alleged that wife was not behaving well with the appellant and his family members and failed to discharge matrimonial relationship and even after long period of time, she did not return to her matrimonial home and despite his attempts to settle the dispute with the initiation of family members of both the sides including friends and relatives she refused to come back to her matrimonial home.