The main legal point established in the judgment is the requirement to prove grave and weighty conduct that makes it impossible for a spouse to live with the delinquent spouse, as well as the significance of contemporaneous evidence in cases of matrimonial disputes.

DEEPA SHARMA, J.

1. The appellant/wife has assailed the order dated 05.03.2018 passed by the Principal Judge, Family Court Central District, Tis Hazari, Delhi whereby the divorce petition of the respondent/husband on the ground of cruelty was allowed and the marriage between the appellant and the respondent was dissolved. In the petition for divorce, the respondent/husband had also sought the dissolution of marriage on the ground of desertion which was rejected.

2. The admitted facts of the case are that the marriage between them was solemnized on 22.11.1982 as per Hindu rites and ceremonies. They were blessed with four children and all have attained the age of majority.

3. The appellant failed to file any written statement to the divorce petition filed by the respondent/husband within the period granted to her from time to time. Her defence was struck off vide order dated 03.12.2015 passed by the learned Single Judge of this Court in CM No.910/2015. On a petition under Article 227 of the Constitution of India, filed by the respondent/husband as he was apparently aggrieved by the act of the appellant/wife of not filing her written statement. Against the said order, the appellant filed a Special Leave Petition (Civil) before the Hon’ble Supreme Court of India. It was also dismissed vide order dated 16.08.2016 as a result there is no challenge to the averments made by the respondent/husband in his divorce petition.

4. In the said petition, the respondent/husband had disclosed the acts of cruelty committed by his wife/appellant. Following were his allegations:-

(i) that she was in the habit of quarrelling on trivial matters and without any rhyme and reasons and also levelled the allegations that the appellant used to demand money for rendering financial help to her parents and other family members;

(ii) that he had also contributed Rs.6000/- in the marriage of her younger sister;

(iii) that in 1990, he developed asthma, but she did not take care of him and even neglected him during his illness. On the advice of the doctor, he along with his wife and children, shifted to Panchkula, Haryana in the year 1997 and stayed in a rented accommodation, but the behaviour of the wife became more harsh, rude and indifferent;

(iv) that he had purchased a property bearing No. J-77, Saket, New Delhi measuring about 125 square yards (hereinafter referred to as “the said property”) from DDA and the same was rented out when they had moved to Panchkula, Haryana. His wife started pressurizing him to transfer the said property in her name and even refused to part with the original lease deed and the other documents which he had entrusted with her with the sole purpose to grab the said property. She along with her brothers, namely, Sunil Sethi and Raj Kumar Sethi (now deceased) along with Naresh Kumar Gupta tried to coerce him to transfer the said property in the name of his wife and when he resisted, he was beaten up and forced out of the house and consequently, he reported the matter to the police. In these circumstances, he returned to Delhi and started living at the Barsati floor of the said property and then shifted to ground floor on a portion which was vacated by the tenant. She also wrote a letter to DDA, wherein she alleged that her husband had become “a person of unsound mind” and called the DDA not to issue any duplicate paper in respect of the said property to him. When he learnt about the said letter, he issued a public notice in the newspaper “The Hindustan Times” in its edition dated 29.09.1999 declaring to the general public that the property belonged to him and none should deal with the said property;

(v) that in April-May, 2000, the wife along with children returned to Delhi and thereafter started residing at her parental home at Geeta Colony, Delhi. On the requests of her father and without condoning her previous acts of cruelty and torture, they started living together with children in the said property at Saket. This, however, did