The main legal point established in the judgment is the requirement for specific details and corroborated evidence to prove allegations of cruelty, and the intentional permanent forsaking and abandonment of one spouse by the other without reasonable cause to establish desertion under the Hindu Marriage Act, 1955.

JUDGMENT :

G.S. SISTANI, J.

1. The present appeal has been filed challenging the judgment dated 10.08.2018 passed by the Family Court in HMA No. 92/18 whereby the petition under Section 13 (1) (ia) and (ib) of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘HMA’) filed by the respondent/husband for the dissolution of marriage has been allowed and the marriage has been dissolved by a decree of divorce.

2. The necessary facts required to be noticed for disposal of this appeal are that marriage between the parties was solemnized on 28.11.2010 at Delhi, according to Hindu rites and customs. Marriage was consummated but no child was born from the said wedlock.

3. Disputes and differences having arisen between the parties, the respondent/husband filed a petition under Section 13 (1) (ia) and (ib) of HMA seeking dissolution of marriage by passing a decree of divorce on the ground of ‘cruelty’ and ‘desertion’.

4. The grounds on which the divorce petition was filed was that the marriage between the parties was solemnized with simplicity, however, the petitioner started quarreling with the respondent from December, 2010 itself and levelled false and baseless allegations on the character of the respondent. It is pleaded by the respondent that since the very beginning, the petitioner did not participate in the domestic affairs in the matrimonial home. She forced the respondent to eat outside as she did not prepare food at home. Due to this reason, the father of the respondent shifted the parties to the second floor of the matrimonial home which had a separate kitchen. There was no change in the behavior of the petitioner and she left the matrimonial home on 08.05.2011, without informing anyone, and returned on 15.06.2011.

5. Further, the case of the respondent was that the petitioner left the matrimonial home again on 28.08.2011 without informing the petitioner and started residing at her parental home. The father of the respondent filed a suit for permanent injunction bearing no. 326/2011 in October, 2011 in order to restrain the petitioner and the respondent from entering his property bearing no. WZ-92B, Harijan Colony, Tilak Nagar, Delhi. The petitioner filed a false petition under Section 12 of Protection of Women from Domestic Violence, 2015 bearing no.262/12 against the respondent and his family members, which was dismissed in default on 24.11.2014. The petitioner is also stated to have made a complaint before Crime against Women Cell.

6. The petitioner herein contested the divorce petition, by filing her written statement. It was pleaded therein that the respondent cannot be allowed to take advantage of his own wrongs. On merits, the petitioner denied the allegation of cruelty and desertion mentioned in the petition. It was claimed by the petitioner that the respondent and his family members have in fact subjected the respondent to grave cruelty on account of insufficient dowry and left the petitioner at her parental home to pressurize her father for dowry demands.

7. In her preliminary submissions, the petitioner while admitting the marriage between the parties submitted that the respondent has caused grave cruelty to the petitioner by refusing sexual intercourse, on some occasions after marriage. It was submitted that the respondent developed extra marital relations with one lady namely Rupa, who was living in the area of Chaukhandi, and when the petitioner objected to the relationship, she was beaten up by the respondent. Further, it is stated that the respondent dropped the petitioner at her parental home in the month of May, 2011 but subsequently, upon reassurance by her father-in-law that the respondent would not have any relations with Rupa, the petitioner returned to her matrimonial home.

8. It was submitted by the petitioner that she was beaten up on 27.08.2011 by the respondent and his family members. She went to Tilak Vihar Police Post on 28.08.2011, however no action was taken by the police. The petitioner came to her