IMPORTANT POINT
Few isolated incidents of long past and that too condoned due to compromising behavior of the parties cannot constitute an act of cruelty.

JUDGMENT

Abhay Manohar Sapre, J.

These appeals are filed by the appellant (wife) against the final judgment and order dated 23.05.2013 passed by the High Court of Delhi at New Delhi in F.A.O. No.108 of 2013 and F.A.O. No.109 of 2013 by which the High Court dismissed the appeals filed by the appellant and confirmed the judgment dated 14.12.2010 of the Principal Judge, Family Courts, Rohini which had granted decree for dissolution of marriage in favour of the respondent (husband) and, in consequence, also affirmed the order dismissing the petition filed by the appellant (wife) for restitution of conjugal rights.

2. Facts, in brief, to appreciate the controversy involved in the appeals need mention infra.

3. The marriage between the appellant and the respondent was solemnized on 26.02.1999 at Delhi as per the Hindu rites. The respondent-husband is working as "Caretaker" in the Government of NCT of Delhi whereas the appellant is a housewife. Out of this wedlock, one daughter was born on 15.06.2002 and the second daughter was born on 10.02.2006. Both daughters are living with the appellant.

4. On 11.07.2010, the respondent (husband) filed a petition for dissolution of marriage under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as "The Act") in the Family Courts, Rohini, Delhi against the appellant (wife). The respondent sought decree for dissolution of marriage essentially on the ground of "cruelty".

5. In substance, the respondent, in his petition, pleaded 9 instances which, according to him, constituted "cruelty" within the meaning of Section 13(1)(i-a) of the Act entitling him to claim dissolution of marriage against the appellant.

6. The first ground of cruelty was related to wife's behavior on the next day of marriage, i.e., 27.02.1999. It was alleged that the appellant came out of the bedroom in night dress and that too late when the close relatives of the respondent were sitting in the house. It was alleged that she did not pay respect and wishes to the elders. (Para 9 of the plaint)

7. The second ground of cruelty was again about the appellant's behavior with the respondent on the eve of New Year. However, the year was not mentioned. According to the respondent, he agreed to celebrate the new year with the appellant on her parental house as the parents of the appellant gave repeated calls. After reaching her parental house, most of the time the appellant was busy with her family members and left him alone in the drawing room. Even at the time of dinner, the family members of the appellant did not behave properly. (Para 10).

8. The third ground of cruelty was that the appellant did not show any inclination or enthusiasm to attend any important family function or festivals at the respondent's house whenever held. However, no details were given about the date and the function held. The allegations are general in nature (Para 11).

9. The fourth ground of cruelty was again about the indecent behavior of the appellant towards the respondent's family members. However, no details were pleaded except making general averments (Para 12).

10. The fifth ground of cruelty was in relation to an incident which, according to the respondent, occurred in July 1999. It was alleged that the appellant, on that day, insisted that the couple should live separately from the respondent's parents (Para 13).

11. The sixth ground of cruelty was again general with no details. It was alleged that the appellant was not interested in doing any household work nor was interested in preparing meals and used to insist the respondent to have his lunch from outside. (Para 14).

12. The seventh ground of cruelty was in relation to one incident which, according to the respondent, occurred on Diwali day in the year 2000. It was again about the behavior of the appellant with the family members of the respondent which, according to the respondent, was rude (Para 16).

13. The eighth ground of cruelty was in relation to one isolated incident which, according to