Irretrievable breakdown of marriage is not a ground for divorce under the Hindu Marriage Act.

Pratibha Rani, J.

1. In the instant appeal the appellant/husband has impugned the judgment dated December 01, 2011 passed by the learned Judge, Family Court, Rohini, Delhi whereby the petition filed by him for dissolution of marriage on account of cruelty being committed by the respondent/wife was dismissed.

2. The appellant/husband got married to the respondent/wife on November 22, 2004 according to Hindu rites and ceremonies. The marriage was consummated and a son was born on January 01, 2006.

3. In the petition filed under Section 13(1)(ia) of Hindu Marriage Act, 1955 the instances of cruelty stated to have been committed by the respondent/wife cited by the appellant/husband are numerous starting right from the second day of the marriage. As per the appellant/husband, on the very next day of the marriage the respondent/wife started treating his mother, sister and sister-in-law in an insulting manner complaining that the language used by them was not to her liking and that her sister-in-law did not know how to speak. The respondent/wife considered herself to be modern and well-educated and she ill-treated the family members of the appellant/husband who are having rural background. She also called the mother of the appellant as uneducated ‘Ganwar’. The respondent/wife was studying at National Museum Institute, New Delhi. To avoid doing of household work she used to leave house even on Saturday and Sunday on the pretext of going to Institute whereas in fact she used to visit her parental home or roam around with her friends. The respondent/wife did not want to live in joint family and had been threatening the appellant to have a separate house in Rohini. One of the most serious allegation made by the respondent/wife against the appellant was that of having illicit relations with his sister-in-law (bhabhi). The respondent/wife created a scene when his sister visited them and his two years old niece wanted to sleep with him. The respondent/wife started shouting that the appellant/husband was in his Bhabhi’s room. She also even complained against her father-in-law saying that he had bad eyes on her. The respondent/wife had also insulted his mother and sister who had visited her parental home to enquire about her wellbeing. She also quarrelled on the issue that why she was sent to the parental home for delivery whereas her Jethani when became pregnant was not sent to her parents house.

4. In the written statement the respondent claimed her also to be from the rural background so there was no occasion to insult her in-laws on that count. She had given the instances of she being treated with cruelty at her in-law’s place and being compelled to do household work even when she was unwell. The respondent had alleged that she was not properly looked after when she was in family-way. The appellant/husband was well aware of the fact that the delivery was going to be caesarean. Despite being intimated about her admission in the nursing home, neither her husband nor her in-laws were present. They came to see her and the child only on the next day. She has denied having ever misbehaved with her sister-in-law or other family members or levelling any allegations about the illicit relations between her husband and her sister-in-law. She also denied having ever asked the husband to shift to Rohini in a rented accommodation or threatening to implicate him in any false case. The respondent/wife had stated that till date she has not lodged any complaint against her husband or in-laws. She tried to save the marriage for the sake of their only child. She also claimed that the appellant/husband had never visited her or their son after she left home. The respondent/wife had alleged that false stories have been concocted to make out a case of cruelty to seek divorce.

5. After considering the evidence adduced by the parties, learned Judge, Family Court dismissed the divorce petition mainly on the following grounds:

i. The appellant/husband has examin