The main legal point established in this judgment is that for conduct to be considered cruelty in a divorce case, it must be of a severe nature that makes it impossible for the parties to live together without mental agony or distress. Similarly, for conduct to be considered desertion, it must involve the intentional permanent forsaking and abandonment of one spouse by the other without reasonable cause and without consent.

V.B. Gupta, J.

1. The present appeal has been filed by the Appellant/Husband against the judgment dated 20.01.05 passed by Sh. J.P.S. Malik, Additional districts Judge, New Delhi whereby the Trial Court dismissed the divorce petition of the Appellant on the ground of cruelty/desertion.

2. Brief facts leading to the dispute are that the marriage between the parties was solemnized as per Sikh rites and ceremonies on 24.01.99 at Gurudwara Rakab Ganj, New Delhi. The Appellant and Respondent were relatives and Respondent is the daughter of maternal uncle of the Appellant. Out of the wedlock between the parties, a female child was born on 20.10.99.

3. It is alleged that immediately after the marriage, the Respondent started making demands from the Appellant to live separately from his parents and in the alternative shift to Dehradun where parents of the Respondent were residing and start his business there. Respondent used to pick up quarrel on petty matters. Soon after the parties returned from honeymoon, the Respondent at the instance of her parents reiterated her demand on 15.02.99 for having a separate residence and when petitioner expressed his inability, the Respondent started shouting at Appellant in presence of all his family members.

4. On 24.02.99, Respondent left the matrimonial home and went to her parents place at Dehradun against the wishes of the Appellant and it was only when Appellant and his brother had gone to Dehradun on 10.03.99 that Respondent returned after much persuasion.

.5. It is alleged that after the birth of the child, behavior of the Respondent changed completely and she started staying away from household chores, started neglecting day to day needs of the petitioner and when on 20.01.2000, the Appellant tried to make Respondent understand not to spoil their martial life, the Respondent in a fit of anger got flared up and started abusing him by catching hold of his collar. On the day of his marriage anniversary i.e. on 24.01.2000, Respondent locked herself inside a room and did not allow the Appellant to enter the room. Again on 20.10.2000 on the birthday of the child, the Respondent reiterated her demand for a separate residence or shifting permanently to Dehradun after taking share from the parents of the Appellant and when not agreed to, started shouting at the father of the Appellant and in a fit of anger, threw the child down on the floor and even tried to manhandle the father of the Appellant.

6. On 25.12.2000, the Respondent left the matrimonial home and went to Dehradun in the absence of the Appellant without any permission or consent, lived there uptil March, 2001 and resumed cohabitation after much persuasion.

7. It is alleged that on 21.03.01, the family of the Appellant had made arrangement for a path at Gurudwara Fateh Nagar, New Delhi, Respondent declined to go there and Appellant had also to excuse himself stating that he had urgent work at his shop. Reluctantly, Appellant opted to accompany the Respondent to Dehradun and was compelled to start the family business of father and brother of Respondent at Dehradun.

8. After about one month, the Appellant was directed to shift to the house of brother of Respondent at Lucknow. There was a quarrel over financial matters and the parties were turned out from there on 25.05.01.

9. Thereafter, the parties stayed at Dehradun at the parents house of the Respondent.

10. On 08.06.01, the Respondent and her parents asked the Appellant to take his share from his parents and directed to transfer the share in the name of the Respondent and settle down in Dehradun for all times to come.

11. On 09.06.01, the Appellant came back to Delhi.

12. On 29.07.02, Appellant along with his parents went to Dehradun and requested the Respondent to join him in the matrimonial home. All efforts failed.

13. Under these circumstances, the Appellant filed the Divorce petition before the Trial court alleging that he has been subjected to cruelty by the Respondent