(1.) This appeal is directed against the judgment and decree dtd. 26/9/2017 passed by Family Judge No. 3, Kota, whereby learned court below has dismissed the divorce petition preferred under Sec. 13 of Hindu Marriage Act.
(2.) Petitioner Ajay Ahuja has brought instant petition before the court below against his defendant bride Smt. Neelam Taneja for dissolution of the marriage pleading that the couple had married in October 2002 and both the sides solemnized their second marriage, defendant had confided that she was not having any issue out of the first wedlock, which was later found false, despite this untoward, petitioner forgiven his wife for the same, who was habitual of non-performing the domestic chores and was always abusive towards the petitioner, she would often indict unsubstantiated allegations and would call police party without reason and always kept petitioner's family under threat, she disassociated herself from the marital consortium and failed to oblige nuptial obligations and there remains no relations between the couple, petitioner has been subjected to unending cruelty, she has also threatened often to put the petitioner and his family behind the bars, so there was no option except to seek annulment of the marriage.
(3.) Refuting the pleadings advanced, defendant has pleaded in her written-statements that all the allegations levelled against her are false, she has always rendered befitting family services to her husband and to his family, rather attitude of her petitioner husband has remained cruel and sarcastic and under influence of liquor petitioner would wet the bed and defendant would constrained to change his dirty wet clothes and he has not rendered family obligations, rather respondent has acted efficiently by doing all the family activities and defendant has illegally been ousted, there is no fault on the part of the defendant, she is not in a position to live apart at this advanced age and there is no reason for grant of divorce, appeal lacks merit and it be dismissed.