Jitender Singh v. Yashwanti

V.B.GUPTA, J. Bisht

MAT No.12/2007 * HIGH COURT OF DELHI : NEW DELHI MAT App. No.12/2007 % Judgment reserved on: 16th July, 2008 Judgment delivered on:1st August, 2008 Sh.Jitender Singh S/o Shri Ram Singh R/o House No.20, Dwarkadheesh Colony, Gandhi Road, Murar, Gwalior, (M.P.) ….Appellant Through: Mr.Param Singh with Mr.G.P.Singh, Advs. Versus Smt.Yashwanti W/o Shri Jitender Singh, and D/o Shri Gulab Singh, R/o Village Lado Sarai, Mehrauli, New Delhi. …Respondent. Through: Mr.Inderpal Khalkar, Adv. Coram: HON'BLE MR. JUSTICE V.B. GUPTA 1. Whether the Reporters of local papers may be allowed to see the judgment? Yes 2. To be referred to Reporter or not? Yes 3. Whether the judgment should be reported in the Digest? Yes MAT No.12/2007 V.B.Gupta, J. The present appeal under section 28 of the Hindu Marriage Act, 1955 (for short as the "Act") has been filed against the judgment dated 24.11.06 passed by Ms. Anju Bajaj Chandna, Delhi vide which, the Trial Court has dismissed the divorce petition filed by the Appellant/Husband under section 13(1)(ia) of the Act on ground of cruelty, by holding that Respondent/Wife has not committed any cruelty upon the Appellant so as to grant the decree of dissolution of marriage. 2. The brief facts of this case are that the marriage between the parties was solemnized on 26.02.01 at Delhi as per Hindu rites and ceremonies. After the marriage, parties lived and cohabited in matrimonial home, but no issue was born to them. 3. Later on, there started differences between the parties. It is alleged by the Appellant that on 03.03.01, MAT No.12/2007 the mother of the Respondent created scene in the matrimonial home of the Respondent at village Chamarian in Rohtak on an inconsequential issue of birthday of her husband not being attended by the newly wedded couple i.e. parties herein. 4. It is further stated that on 09.03.01, the respondent again created a scene in the house of Maternal uncle of the Appellant which made a very awkward situation for the Appellant and the entire occasion of Holi was poisoned by the misbehavior of the Respondent, which aggravated the differences. 5. Further, Respondent not only created bitterness in the relations in the family by her conducts but also disclosed that she was in love with some other boy prior to marriage and the present marriage was under the pressure of her parents. The Respondent flatly asked the Appellant to divorce her as she wanted to remarry with her earlier love. MAT No.12/2007 6. It is asserted by Appellant that grandmother of the Appellant expired on 04.08.01 at native village Chamarian in Haryana, where the Respondent came only for a day with her parents on the request of the Appellant and disclosed that she was pregnant and had aborted as she did not want to be a "Mother". 7. It is further alleged that on 10.04.02, the Respondent left her matrimonial home and came to her parental home. The Appellant tried to take her back to matrimonial home but she flatly refused to join him and his society and she had made up her mind to get divorce from the Appellant. 8. The Appellant and their family members did their best to persuade the Respondent and her parents to restore the matrimonial life and not finding any conducive atmosphere sought the intervention of mediators and common relatives and friends but the Respondent was hell bent to sever the matrimonial ties MAT No.12/2007 with the Appellant. Thus, the Appellant had no other option but to file the petition of Divorce. 9. It is also alleged that Respondent after getting the information that a divorce petition has been filed by the Appellant, started misusing and abusing the provisions of the law meant for those wives who are victimized by their delinquent husbands with a view to ulterior motives and under the unscrupulous influence of her parents. A complaint was made to CAW Cell, Friends Colony, against the Appellant and his family members including the relatives. This complaint was intended to harass and extract material cons