IMPORTANT POINT
The overwhelming evidence of neglect, refusal of conjugal relationship, and false dowry harassment complaints by the respondent constituted cruelty under Section 13 (1) (ia) of the HMA, 1955.

JUDGMENT

Neena Bansal Krishna, J.

CM APPL.36872/2021 (Exemption)

Exemption allowed, subject to all just exceptions.

The application is disposed of.

CM APPL. 36871/2021 (under Section 5 of Limitation Act for Condonation of Delay)

The present application under Section 5 of the Limitation Act has been filed on behalf of the appellant for condonation of delay of 123 days in filing the present appeal.

In view of the averments made in the application and in the interest of justice, the application is allowed. The delay of 123 days in filing the accompanying appeal is condoned.

The application is disposed of.

MAT. APP. (F.C.) 103/2021

1. The present appeal under Section 19 of the Family Courts Act, 1984 has been filed against the judgment dated 29.01.2021, dismissing the divorce petition filed by the appellant/husband, on the ground of cruelty under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 (hereinafter refered to as "HMA, 1955").

2. Briefly stated, the parties got married on 03.02.2014 as per Hindu Customs and Rites in Kolkata and no child was born from their wedlock. The parties admittedly separated in March, 2015 i.e. after about one year and during this period also, the parties resided together for a limited time of about four and a half months. The entire canvas of cruelty is, therefore, spent over two periods of 03.02.2014 to 15.03.2014 and 28.11.2014 to 07.03.2015, when the parties resided together.

3. The petitioner/appellant in his Petition had claimed that immediately after their marriage, they resided for about 15 days jointly in the parental home of the appellant at Kolkata and thereafter, they came back to Delhi. The parents of the appellant kept her with lot of love and affection. She was not allowed to do any household work except may be to make tea occasionally. The appellant was posted as an Assistant Manager in DMRC and was residing at Delhi. He along with the respondent, came to Delhi on 25.02.2014, where they started together at Shastri Park, Delhi. On the request of the respondent/wife, the appellant was pressurized to call her mother and two brothers also to Delhi, along with the respondent. Accordingly, the mother and the two brothers also came to reside in their home at Delhi. The appellant has asserted that, despite all the love and affection, the respondent refused to do any household chores. She had an irritating behaviour and always indulged in fights on petty issues. She was in a habit of getting up late in the morning at about 10:00 a.m. and was very fond of watching T.V. till late at night. She, therefore, neglected all the household work, so much so that on one occasion, when Satyanarayan Pooja was organized in the house and she was requested by the appellant to get up by 9:00 o'clock, she refused to wake up and abused him.

4. He asserted that the respondent always had a reluctance for sexual relationship and on enquiring about the reason for her attitude, she replied "Meri shaadi ek budhe se ho gayi hai, main kisi aur se pyar kart hu jo ki meri saheliseema ka bhai aur wo patna me rahta hai." Also, every time he tried to establish relationship, she insisted that he give her expensive gifts, jewellery and valuables. It is only when he bought her the gift that she would allow him to have sexual intercourse.

5. The appellant further averred that on the occasion of their first anniversary on 03.02.2015, the respondent fell sick and had to be admitted in Ganga Ram Hospital, where she remained admitted for about five days. The mother and the brothers of the respondent immediately came to the house of the respondent. They threatened and accused him for the ill-health of the respondent.

6. The appellant further asserted that on one night in March 2013, at about 11:00 p.m., the respondent started laughing and mummering in her sleep. He immediately contacted the mother of the respondent, who called-up one person named Shastri in Patna and on his advice, gave him some tricks and pooja, which made the respondent sleep