DELHI HIGH COURT
Kailash Gambhir, J.
SUBHASH CHANDER SHARMA-Appellant
versus
ANJALI SHARMA -Respondent
MAT APP 44 of 2005-
Decided on 14.7.2010
The legal document pertains to an appeal under Section 28 of the Hindu Marriage Act, 1955, challenging a judgment that dismissed a divorce petition on the grounds of cruelty and desertion. The key points are as follows:
The marriage was solemnized according to Hindu rites, and the parties lived together for approximately 14 years, producing two children (!) [11000327710001].
The appellant alleged acts of cruelty and desertion, claiming that after the death of his father, the respondent's mother moved in, creating a hostile environment that led to the appellant's separation from the respondent (!) [11000327710001].
The appellant's evidence was primarily his own testimony, and the respondent did not appear for the trial, leading to ex parte proceedings against her (!) [11000327710003].
The trial court found that the appellant failed to prove acts of cruelty or desertion, noting that he himself left the matrimonial home and did not establish that the respondent had any intention to bring cohabitation to an end (!) [11000327710005].
The appellant's allegations of cruelty were considered vague and lacked specific acts or dates, which rendered them insufficient to establish mental cruelty (!) [11000327710015].
The court emphasized that mental cruelty must be grave and weighty, and that trivial or ordinary disagreements do not constitute cruelty. The conduct must be such that it becomes impossible or unreasonable for the parties to continue living together (!) [11000327710012] (!) .
The court reiterated that the ground of irretrievable breakdown of marriage is not recognized under the Hindu Marriage Act and that the law does not provide for divorce on this basis, despite recommendations and judicial suggestions to the contrary (!) (!) (!) (!) .
The appeal was dismissed, affirming that the trial court's judgment was correct and that the appellant failed to substantiate his claims with specific, convincing evidence (!) (!) .
In summary, the court held that the appellant did not meet the legal requirements to establish cruelty or desertion as grounds for divorce, and that the law does not recognize irretrievable breakdown as a permissible ground under the current statutory framework.
Kailash Gambhir, J.- By this appeal filed under Section 28 of the Hindu Marriage Act, 1955 the appellant seeks to challenge the impugned judgment and decree dated 12.5.2003 passed by the learned ADJ, Delhi thereby dismissing the divorce petition filed by the appellant under Sections 13(1)(ia) & (ib) of the Hindu Marriage Act.
2. Brief facts of the case relevant for deciding the present appeal are that the marriage between the appellant and the respondent was solemnized on 29.11.1984 at Mathura, U.P according to Hindu rites and ceremonies. From this wedlock, two children were born i.e. on 10.2.1988 and 12.9.1992. Both the parties lived together as husband and wife for 14 years i.e. upto 15.2.1998. The acts of cruelty based on which the appellant-husband has sought decree of divorce under Section 13(1)(ia) of the Hindu Marriage Act mainly are that after the death of the father of the appellant the mother of the respondent started living with them and due to her presence the atmosphere in the house got so surcharged that even the children started avoiding the appellant; the appellant though lived in the same house, but had to cook his own food and do all his personal work himself; he felt neglected and depressed on account of the behaviour of the respondent and her mother and ultimately on 15.2.1998 the appellant started living separately; the appellant made all efforts for rapprochement but the respondent foiled all his attempts; the respondent gave instructions to the school authorities that the appellant should not be allowed to meet the children; the respondent avoided to come to official telephone so as to talk with the appellant; the appellant was insulted by the respondent and her mother when he went to contact the respondent; the appellant was not even allowed to enter in the house; the respondent shifted her residence from housing society to some other place and she had also given instructions to her office not to disclose her new address to her husband; the appellant also wrote various letters to the respondent, but she did not respond to the same. The appellant has also averred that he has not condoned the acts of cruelty complained of against the respondent.
3. So far as the ground of desertion is concerned, the appellant averred that the respondent had deserted him without any reasonable cause and against his wishes. The appellant has also averred that there has not been any willful neglect on his part and for no fault of the appellant the respondent deserted him.
4. The respondent did not choose to appear after having been duly served with the notice. She, however, sent reply by post, making certain allegations against the appellant. Accordingly, the respondent was proceeded ex parte by the Court vide orders dated 28.1.2003.
5. In the evidence, the appellant examined himself as PW -1 and except his own evidence he did not adduce any further evidence. In his evidence, the appellant deposed that he got married to the respondent on 29.11.1984 at Mathura, U.P and since thereafter they were living together as husband and wife. He also deposed that out of the said wedlock, two children i.e. one daughter and one son were born on 10.2.1988 and 12.9.1992 respectively. He further deposed that he was forced to leave the house on 15.2.1998 due to the circumstances created by the respondent and her mother, when she had joined them after the death of the father of the appellant in the year 1996. It would be relevant to reproduce the entire evidence of the appellant as under:
"PW1 Subhash Chander Sharma, petitioner.
On S.A.-
I got married on 22nd of Nov., 1985 with the respondent. Marriage took place at Mathura, U.P. Reception was held in Delhi. Since then we were living together as husband and wife upto 15th February, 1998. On 15.2.1998 I was forced to leave the house due to the circumstances created by respondent and her mother who joined us on the death of my father in 1996. The relation was unbearable facing lot of depressi
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