Superna Roy v. Ganesh Roy

VIPIN SANGHI, J

SANJAY KISHAN KAUL, J. July 27, 2012 as

* IN THE HIGH COURT OF DELHI AT NEW DELHI + Date of Decision; 27.07.2012 o/o FAQ No.315/2012 SMT. SUPERNAROY Appellant 'Jh Through: Mr. M.M. Kalra with Mr. Kunal Kaira, Advocates versus SHRI GANESH ROY Respondent "Through: CORAM: HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE VIPIN SANGHI VIPIN SANGHI. I. (Oral) C.M.12631/2012 Allowed, subject to all just exceptions. FAO 315/2012 & C.M. No.12630/2012 (for stay) and C.M. No.12632/2012 (for leading additional evidence. 1. The appellantassailsthe judgmentdated 08.05.2012passed by Shri Kamlesh Kumar, Addl. PrincipalJudge, Family Courts, Rohini, New Delhi in a petitionpreferredby the respondentunder Section 13(l){ia) of the Hindu MarriageAct, 1955 (hereinafterreferredto as 'the Act') to seek dissolution of marriage with the appellant herein. 2. The undisputed facts are that the parties were married on 24.02.1999accordingto Hindu rites and ceremoniesat Village &Post . Page1of11 Office Purnal, District Howrah, West Bengal. They were blessed with a son, named, Arnav Roy on 02.12.1999. The chief allegation of the respondent in support of his case of cruelty against the appellant, as pleadedin the petition,was that the appellantdeprivedthe respondent of marital bliss, i.e. of conjugal relationship between the parties. The respondent alleged that the appellant did not allow him to have physical relationshipwith her after the birth of their son despite his persuasionsand best efforts. Accordingto him the appellant did not bother about his wishes, desires and sentiments. Various other allegations with regard to her behaviour and conduct qua the respondent and his family members were also made. 3. The respondent retired from the Indian Air Force in the year 2002 and joined the Delhi TechnologicalUniversity in the year 2005 as a Junior Mechanic and started living in the campus accommodation. Though the parties lived under the same roof, they did not live as husband and wife as the appellant refused to cohabit with the respondent. Denial of any physical relationshipcaused mental agony, torture and humiliation to respondent which, as aforesaid, constituted the primaryground to allege cruelty against the appellant. The respondent also alleged that the appellant started leaving the matrimonial home without his permission and against his wishes since October, 2006. She started living at. her parental house for considerablelong periods. She would even take away the minor child ^ with her without bothering about his academic or educational loss. She did not take care of the day-to-day needs of the child, including his food, dresses, uniform and cleanliness etc. The respondent had to prepare his own food in these circumstances. 4. It was also respondent's case that on 24.02.2009, wedding anniversary of the parties, the respondent made efforts to endear the appellant by greeting her in the morning and requesting her to go with him for dinner outside, but she flatly refused by stating that there was no reason for celebrating the occasion as there had been no physical relationship between them. Even that caused agony, torture and humiliation to the respondent. The respondent also stated that he had not condoned these acts of cruelty committed by the appellant. 5. In her written statement, the appellant denied the averments made by the respondent as a bunch of lies. She claimed that she was made a dowry victim in her matrimonial home, though her parents had spent huge amount of money at the time of her marriage and given her jewellery,costly clothes, furniture and other allied items and cash etc. She also alleged that all her dowry articles/stridhan had been illegally/unlawfullyretained by the respondent and his parents. She claimed that the respondent and his family members beat her on several occasions for not brining sufficient dowry items in marriage. In ''"S®^ r^- para 12 of her written statement, the appellant also alleged that the respondent was having an illicit relationshipwith anot