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2019 Supreme(Del) 2266

HIMA KOHLI, ASHA MENON
Vipin – Appellant
Versus
Bhavna Rajput – Respondent


Advocate Appeared:
For the Appellant :Mr. Anurag Rawat and Ms. Meenakshi, Advocates

JUDGMENT :

ASHA MENON, J.

1. The present appeal has been filed by the appellant/husband being aggrieved by the judgment of the learned Family Court dated 31.08.2019, whereby it has dismissed his petition seeking divorce from the respondent/wife on the ground of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (in short, ‘the Act’).

2. The facts, as set out for the purposes of deciding this appeal, are that the parties had got married at Faridabad, Haryana on 20.11.2013, as per the Hindu rites and customs. The parties resided together at the matrimonial home i.e. premises No. E-284, Dakshinpuri, New Delhi whereafter they had shifted to a rented accommodation at premises No. A-1/307, Madangir, New Delhi. There is no child born to the parties. According to the appellant/husband, the respondent/wife was an ill-tempered woman and had made life hell for him. He was thus driven to seek divorce from her only on account of her cruelty.

3. The appellant has filed for divorce on the grounds as paraphrased by the learned Family Court in the impugned judgment, which are as follows: -

    “(i) Respondent neglected to perform her matrimonial duties such as cooking food etc;

(ii) The responde

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