IMPORTANT POINT
The court emphasized the need to prove cruelty and desertion in divorce cases, considering the financial and emotional circumstances of the parties.

JUDGMENT

Suresh Kumar Kait, J. - The present appeal has been preferred by the appellant-husband under Section 19 of Family Court Act, 1984 read with Section 28 of Hindu Marriage Act, 1955 against the judgment dated 30.09.2020 passed by learned Family Court, Delhi in HMA No.374/2018 whereby appellant's petition under Section 13 (1)(ia) and (ib) of the Act seeking dissolution of marriage on the ground of cruelty and desertion has been dismissed. Also, the appellant has been directed to pay pendent lite maintenance @ Rs.15,000/- per month from the date of application under Section 24 read with Section 26 of the Act and in addition to pay litigation expenses of Rs.15,000/-.

2. The facts of the present case are that the marriage between the parties was solemnised on 18.09.2010. Out of the said wedlock, a child was born on 24.08.2011. The appellant claiming irreconcilable matrimonial disputes with respondent, preferred a petition seeking divorce before the learned Family Court in July, 2015 on the ground that:-

I. Since the date of marriage, the respondent was unable to cope up with the responsibilities and clearly told the appellant that she would not be able to do household chores.

II. Respondent's behaviour towards appellant's mother was very rude and disrespectful.

III. After 15 days of their marriage, the appellant went to his inlaws' house where despite being Tuesday, he was insisted to eat non-veg and on his refusal, he was misbehaved and insulted.

IV. Once the appellant's mother stopped the respondent to read Bhagwat Geeta while sitting on bed and on this, the respondent threw the holy book on her face, shouted and locked herself in a room. The appellant who was not at home then received a call that respondent had locked herself in a room and is threatening to commit the suicide and shouting loudly. Appellant had to make an effort to cool her down and on opening the door, the respondent abused his mother and his brother.

V. Appellant who claims to be a Mechanic by profession pleaded that whenever he goes to his workshop, in his absence his wife abused his mother and brother.

VI. Appellant pleaded that during pregnancy, the respondent took some wrong medicine due to which an abnormal child was born to the parties on 24.08.2011 and all the expenses related to treatment and pregnancy were borne by the appellant.

VII. In the year 2011, the respondent misbehaved with the appellant in the market and upon returning home, she threw a bag on his mother and when after parking the vehicle, he reached home, he found that the respondent along with the child had left the home.

VIII. In November, 2011, on the occasion of sagan ceremony of appellant's brother, the respondent misbehaved with him in front of all the relatives and she refused to attend the marriage of his brother. To the contrary, respondent's brother came to appellant's house and insulted him in front of relatives and friends a day prior to the marriage ceremony.

IX. After three days of appellant brother's marriage the respondent abused appellant's sister on phone and respondent also abused appellant's younger brother and his wife. Thereafter, she packed her bag and went to her sister's house, who also stays in Delhi. The appellant claimed to have made a number of calls to the respondent but she never picked up the phone and went to Gwalior to her parental house. Thereafter, appellant along with his cousin brother went to Gwalior to take the respondent back but her family members misbehaved with him and he was told to take a separate house and only then, they will send the respondent and that they will also stay with her daughter otherwise they will implicate the appellant in false cases.

X. The appellant claimed to have shifted to Delhi at T-81, Gali No.3, Shukkar Bazar, Utam Nagar, New Delhi after a few months. After shifting, the respondent with all her family members reached the appellant's house and threatened that she will commit suicide and implicate all the family members of his