IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Gajender Singh Negi - Appellant
Versus
Smt. Anju Negi - Respondent
MAT.APP (F.C.) 144 of 2020 and CM APPL. 27586 of 2023
Decided On : 12-12-2023
Hindu Marriage Act - Divorce - Section 13(1)(ia) and (ib) - 1955
Fact of the Case:
The appellant filed for divorce under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955, alleging cruelty and desertion by the respondent. The Family Court dismissed the petition, leading to the present appeal.
Finding of the Court:
The Family Court held that the appellant failed to prove cruelty by the respondent, and the allegation of desertion also failed. The court found no grounds for granting the decree of divorce as prayed for by the appellant.
Issues: The issues framed by the Family Court were whether the respondent exercised cruelty upon the petitioner after marriage, whether the respondent deserted the petitioner without justifiable grounds, and whether the petitioner was entitled to a decree of divorce.
Ratio Decidendi: The court found that the appellant failed to prove the allegations of cruelty and desertion, and the evidence presented did not support the grant of a decree of divorce.
Final Decision: The present appeal against the judgment of the Family Court was dismissed, and the application(s) were also rejected.
JUDGMENT
Suresh Kumar Kait, J. - The present appeal is preferred under the provisions of Section 28 of the Hindu Marriage Act, 1955 against the judgment and order dated 24.07.2020 in HMA No. 1567/2017, whereby his petition filed under the provisions of Section 13(1) (ia) and (ib) of the Hindu Marriage Act, 1955 has been dismissed by the learned Principal Judge, Family Court.
2. The parties to the present appeal got married 05.05.2007 as per Hindu Rites and Customs. According to appellant, the respondent-wife was working as Computer Operator in a private Company and prior to their marriage, it was agreed between both of them that she would continue to work even after marriage. The appellant has alleged that the respondent used to leave for office at 08:30 in the morning; his mother and sister used to do the household chores; respondent only sometimes on weekend helped his mother and sister but most of the time she used to visit his parents' house either with their permission or without telling them and whenever he and his family expected her to do household chores, she used to abuse and quarrel with them. Even parents of respondent threatened the appellant and his family members to implicate in false cases and they will face the consequences.
3. The appellant has alleged that on 09.11.2007, he and his family celebrated respondent's birthday at home which was attended by family members of both the sides and on the next day, i.e. 10.11.2007 on the issue of visiting respondent's parents' house, an argument took place between the parties and respondent cut her veins with scissors and injured her twist. According to appellant, he called respondent's brother, who along with his relatives scolded him and his family members and threatened to implicate them in false and frivolous cases. According to appellant, on 22.02.2008 on the issue of attending appellant's cousin's birthday party, a quarrel took place between them and during midnight respondent suffered some breathing problem and she was got admitted to hospital. On the next day, i.e. 23.02.2008 the relatives of respondent abused, threatened and scolded him and thereafter, her behaviour turned even more cruel towards him and his family members.
4. On 24.03.2008, the respondent went to her office in the morning and did not come back till late evening and so, appellant lodged a complaint with police station Dwarka, New Delhi, however, when respondent got to know about lodging of the complaint, she came back home and started quarrelling with the appellant. The appellant has alleged that respondent started harassing him that despite their marriage of 9-10 months, she had not conceived, as the appellant was incapable which caused great mental agony to him, even though he had caught her taking contraceptive medicines. As per appellant, the respondent humiliated him by saying that she wanted to humiliate him in front of family and relatives by showing that he is impotent.
5. On 24.05.2008, the appellant's mother gifted some gold ornament to respondent, who stated that she should be given some expensive ornament and on the next day the respondent made hue and cry of it and called her brother, who called PCR at No.100. On the next day i.e. 25.08.2008 the respondent's sister forcibly entered their house and took all jewellery and clothes of respondent and since then, respondent is staying with her mother and brother. On respondent's complaint, FIR No. 12/2009, under Sections 406/498A/34 was registered at police station Dwarka, New Delhi and also a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 was also filed in Court against the appellant and his family members.
6. The appellant has alleged that respondent sent frivolous and false complaint in the office of his sister i.e. Supreme Court of India and due to humiliation; she had to quit her job. Subsequently, respondent sent another complaint in office of his sister i.e. District Court, Saket as well as his off
The court emphasized the importance of mutual trust, regard, respect, love, and affection in matrimonial relationships, and highlighted the need for reasonable adjustments and adherence to social nor....
Allegations that tarnish the character of a spouse and cause mental pain and suffering amount to mental cruelty, justifying divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
The judgment establishes that in cases of matrimonial disputes, the court must consider the overall facts, circumstances, and the kind of relationship shared between the parties to determine whether ....
The main legal point established in the judgment is that the grounds of cruelty and desertion, as provided under Section 13(1)(ia) & (ib) of the Hindu Marriage Act, 1955, were proven by the responden....
The main legal point established in the judgment is that specific instances of cruelty must be proven, and reckless, false, and defamatory allegations constitute mental cruelty.
The court emphasized the need to prove cruelty and desertion in divorce cases, considering the financial and emotional circumstances of the parties.
The main legal point established in the judgment is the application of the concept of cruelty in matrimonial matters, considering the impact of modern culture and value systems, and evaluating the pe....
The main legal point established in the judgment is that making false and frivolous allegations against a spouse and subjecting them to a long trial constitutes cruelty, entitling the other spouse to....
The main legal point established in the judgment is the requirement for specific and substantiated instances of cruelty and desertion to support claims under Section 13(1)(ia) (ib) of the Hindu Marri....
The main legal point established in the judgment is the definition and establishment of desertion under the Hindu Marriage Act, 1955. The court emphasized the intentional permanent forsaking and aban....
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