The standard of proof in matrimonial proceedings is founded upon the preponderance of probabilities, and not upon a fact being established beyond all reasonable doubts.

ORDER

C.M. No. 25688/2020

1. Considering the fact that the impugned judgment was passed by the Family Court on 20.01.2020, whereafter the COVID-19 pandemic hit the country, and affected the ability of the parties to pursue their rights, inter alia, before Courts, the application is allowed, and delay in filing of the appeal is condoned.

MAT.APP. (F.C.) 119/2020

2. The present appeal is directed against the judgement dated 20.01.2020 passed by the learned Principal Judge, Central District, Family Court, Tis Hazari, Delhi in HMA Petition No. 904/2017 preferred by the appellant wife against the respondent husband under Section 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955 (HMA) to seek decree of divorce. By the impugned judgment, the learned Family Court has dismissed the said divorce petition by returning the findings that neither of the grounds of cruelty or desertion has been established by the appellant wife.

3. Both the parties come from poor background. The marriage between the parties was solemnized on 07.12.2000. Pertinently, at that point of time the appellant was minor. She was barely 13 years of age, whereas, the respondent was 19 years old. The appellant attained majority on 05.03.2005. She was residing in her parental home all through. Even though, the appellant attained majority in the year 2005, she continued to reside at her parental home till November 2014. During this period, she was studying and on account of her own merit, she was able to secure a job with Delhi Police in the said year.

4. We may note that the case of the appellant is that since 2005, the appellant's family was trying to persuade the respondent to take the appellant to the matrimonial home. However, the respondent showed no interest. It was only after the appellant got a job with Delhi Police in the year 2014, that the respondent became interested in calling the appellant to the matrimonial home on account of the fact that she had secured a stable job and income.

5. The case of the appellant is that she started living with the respondent on 20.11.2014. The respondent was unemployed and was an alcoholic, and used to physically abuse the appellant, and demanded money from her. She has stated that the respondent and his family were only interested in her salary which she was deriving from her job. They were insisting that she parts with her salary since the respondent himself was unemployed.

6. Further case of the appellant was that in March, 2015 the respondent demanded Rs. 1 Lakh from her on account of some emergency. The appellant, however, refused since she was not having that kind of money. The appellant has stated that the respondent gave her beating on that occasion. She further stated that since she was subjected to physical and verbal abuse, and she was also finding it difficult to balance her work and family life with an abusive, alcoholic, and demanding husband, the relationship between the parties sored, and the appellant was kicked out from her matrimonial home on 11.04.2015. After that she has never been taken back into the matrimonial home.

7. In these circumstances, she preferred the aforesaid divorce petition. The reason why the Family Court has dismissed the said divorce petition is that the appellant did not lead any independent evidence to establish the allegations made against the respondent, namely, that he was an alcoholic, and; that he used to beat her up. The Family Court found that the appellant had not established the incident of the appellant being beaten up on 11.11.2015 as there was no medical examination report of the appellant to support that she was subjected to any physical beating. There was no police complaint made by the appellant in that regard. So far as desertion is concerned, the Family Court has found that the appellant had left the matrimonial home on her own, and that there was nothing to suggest that she had been turned out of matrimonial home. The Family Court found that there was no animus deserendi