MAT.APP.(F.C.) 220/2023

Page 1 of 17

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 31st July, 2023

%

Pronounced on: 05th September, 2023

+

MAT.APP.(F.C.) 220/2023

NARESH KR. BABBAR

.... Appellant

Through:

Mr. Harpreet Singh and Mr. Jatin

Kumar

Gaur,

Advocates

with

appellant in person.

versus

SEEMA

.... Respondent

Through:

Mr. Kapil Dua, Advocate.

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

NEENA BANSAL KRISHNA, J

1.

The appeal has been preferred on behalf of the appellant/husband

against the judgment dated 20.05.1999 passed by the Additional District

Judge, Delhi vide which his petition for divorce/annulment of marriage on

the ground of cruelty and there being a sapinda relationship between the

parties has been dismissed.

2.

The parties to the litigation got married on 04.05.1992 according

Hindu rites & customs. There is no child from the said wedlock. The

appellant asserted that Smt. Shivani Ditti: the grandmother of the

respondent/wife is the sister of the father of the Appellant and thus, they

fall within the prohibited degree of relationship, being the sapindas of

DigitallySigned By:SAHIL

SHARMA

Signing Date:05.09.2023

13:24:16

Signature Not Verified

MAT.APP.(F.C.) 220/2023

Page 2 of 17

each other and therefore, the marriage is liable to be declared as a nullity

in terms of section 5 read with section 11 of the Hindu Marriage Act,

1955. 3.

The appellant had further alleged various acts of cruelty namely:

(i)

4.

The appellant further claimed that the respondent finally left the

matrimonial home on 20.11.1994 along with her father and took away all

her valuables and jewellery. She started living with her parents at Baraut,

U.P. The appellant made efforts for reconciliation, but did not succeed. He

sent a Notice dated 07.01.1995 through his advocate requesting the

respondent to return, but to no avail. He even approached the CAW Cell

on 14.03.1995 in the hope that the respondent would come back but no

action was taken by the police. The appellant thus, sought a decree of

nullity or in the alternative a decree of divorce on the ground of cruelty.

DigitallySigned By:SAHIL

SHARMA

Signing Date:05.09.2023

13:24:16

Signature Not Verified

MAT.APP.(F.C.) 220/2023

Page 3 of 17

5.

The respondent in her Written Statement admitted the factum of

marriage and claimed custom and usage prevalent among both the

communities i.e. Aroras and Khatris of Jhang to which the parties belong

to justify the validity of their marriage. She denied that the marriage

between the parties was nullity.

6.

The respondent denied all the allegations of inflicting cruelty upon

the appellant and his family members. She denied that she ever made a

demand for separate residence; instead she asserted that at the time of

marriage a demand of car and Rs.5,00,000/- cash was made and when the

demand was not met, the same became a cause of dispute between the

parties. She claimed that the appellant never took her for outings and

would go either to Vaishno Devi, Nainital or Haridwar only because his

demands for dowry were not made and she was relegated to the status of a

maid servant in the matrimonial home.

7.

The respondent asserted that on 09.10.1994, Sh. Chunni Lal

Babbar, Smt. Darshana and Ms. Asha- relatives of the appellant, schemed

to kill her by leaving the cooking gas open and asked her to go to the

kitchen and prepare tea for them. They wanted to get rid of the respondent

as fire would have engulfed her as soon as she lit the match stick. She

denied all the allegations of cruelty as were made against her.

8.

The respondent also denied that she left the matrimonial home

along with her fat