JUDGMENT

MANOJ JAIN, J

1. Appellant-wife is aggrieved by judgment dated 07.09.2019 passed by the Court of Ld. Judge, Family Court (West), Tis Hazari Courts, Delhi whereby petition filed by her husband (respondent herein) seeking divorce has been allowed and the marriage has been directed to be dissolved under Section 13(1)(i-a) of Hindu Marriage Act, 1955.

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2. For the sake of convenience, the appellant herein would be referred to as „wife‟ and the respondent as „husband‟ in the present judgment.

3. Marriage between the parties was solemnized on 20.04.1996 as per Hindu rites and customs. They were blessed with a baby girl on

06.02.1998.

4. As per the husband, within a few months of their marriage, his wife started creating troubles on petty issues. She used to demand ouster of her mother-in-law from the flat where they were residing. She also used to go to her parental home, without any intimation or without any valid reason.

5. According to the husband, his wife, even after their marriage, kept on running a coaching centre, namely, Mohini Shiksha Kendra situated at Palam Road, New Delhi, of which she was the backbone and, therefore, only she frequently used to go to her parental home. She used to claim that she was educated and self-sufficient respectable lady and was not willing to live as a slave of her mother-in-law. She took away all her jewellery and clothes in the last week of September, 1998. She put a condition that they would live together only if her husband takes a rented accommodation near her parental home and would also leave his mother. Thus, she wanted him to live as ghar-

jamai which was not acceptable to him.

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6. As per the husband, he was able to find out a flat in Gole Market area and took the same on rent. Though they started residing together but, according to husband, there was no change in her behavior and she eventually left said house also. He claimed that his wife had deserted him many times out of her lust for money, status, personal ego and petty domestic arguments with her mother-in-law.

7. As per the husband, he even filed a petition under Section 9 of Hindu Marriage Act on 29.07.1999 seeking restoration of conjugal rights which was withdrawn by him on 18.04.2000 as his wife and her father had assured that there would not be any further problems from their side. He took another house on rent in Rohini but such arrangement also did not work out as his wife refused to have any sex with him and kept on avoiding his advances and to frustrate his any such move, she used to call her younger brother to sleep in their room. 8. In his divorce petition, the husband made reference about incidents dated 02.04.2001 and 03.04.2001. According to him, on 02.04.2001, when he returned from office, his wife did not open the door and when he shouted, she came out with a hammer in her hand and threatened and tried to hit him for which he had to report the matter to the police. On 03.04.2001, he was, mercilessly, beaten up by his wife and her brother for which he had to take treatment in a private hospital and eventually reported the matter to the police.

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9. It was averred by him that since July 1999, there was no relationship, physical or otherwise, between them and it was in the aforesaid factual backdrop that he prayed for divorce on the ground of cruelty as well as desertion.

10. It would not be out of place to mention here that the Divorce Petition was sought to be amended as the husband wanted to incorporate reference about the fact that a false case had been lodged with Crime Against Women Cell, Ashok Vihar, Delhi resulting in registration of FIR No. 230/2001 at PS Prashant Vihar under Section 498A/406/34 Indian Penal Code against him and his relatives for which they had to rush to Court for seeking interim protecti