SANGITA DHINGRA SEHGAL, J.

CM APPL. No. 13028/2017

(Exemption) Exemption allowed, subject to all just exception. Application stands disposed of.

MAP. APP. (FC) 58/2017

1. This is an appeal under Section 19 of the Family Courts Act, 1984 against the judgment dated 28.01.2017 passed by the Family Court, West, Tis Hazari Court, New Delhi in HMA No. 656/2016, wherein the marriage between the parties was dissolved by way of decree of divorce passed in favour of the respondent/husband under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act").

2. The brief background of the case is that the marriage of the parties was solemnized on 22.04.2003 as per the Hindu rites and rituals at Rohtak. There is no issue born out of the wedlock of the parties. The husband working in the Indian Army generally remained away from home, whereas the wife used to reside at her matrimonial house with her handicapped mother-in-law, aged about 68 years.

3. On 08.12.2009, the husband filed a petition for divorce under Section 13(1)(ia) of the Act on the grounds of cruelty that his wife is a short tempered person and did not behave rationally. At times, she physically assaul