MAT.APP.(F.C.) 179/2023

Page 1 of 15

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of decision: 04^th October, 2023

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MAT.APP.(F.C.) 179/2023 & CM APPL. 31521/2023

REENA DEVI

..... Appellant

Through:

Mr. Anil Hooda, Ms. Anju & Mr.

Sunny Chauhan, Advocates with

appellant in person.

versus

LAL DEV SINGH

..... Respondent

Through:

Ms. Poonam Mendirata & Ms.

Somyashree,

Advocates

with

respondent in person.

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T (oral)

1.

An appeal under Section 19 of the Family Courts Act, 1984 has been

filed against the judgment dated 03.05.2023 granting divorce in a petition

filed by the respondent/ husband under Section 13 (1)(ia) of the Hindu

Marriage Act, 1955 (hereinafter referred to as the "the Act, 1955").

2.

The facts in brief are that the marriage between the parties was

solemnized on 06.06.2010 and one daughter, Tamanna, was born from the

said wedlock on 11.04.2011 who is in the custody of the appellant/ wife

hereinafter referred to as the "appellant"). However, after their marriage

disputes arose between the parties due to which the respondent was forced to

leave the company of the appellant on 24.10.2014. He was, thus constrained

to file a petition for divorce on the ground of cruelty under Section 13 (1)(ia)

of the Act, 1955 on 13.04.2018.

DigitallySigned By:SAHIL

SHARMA

Signing Date:14.10.2023

15:34:29

Signature Not Verified

MAT.APP.(F.C.) 179/2023

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3.

According to respondent, after marriage, the respondent noticed that

the appellant was spending most of the time with her younger sister Meena

and when she came back to him in the bed room rather than talking to him

and spending quality time with him, she would talk to her parents for hours

together with scant regard for the respondent who would wait to spend time

and talk to her. She made the respondent talk to her parents almost every

day. He tried to explain to the appellant/ wife that these were the golden

days of their marital wife and they should spent maximum time together, but

he noticed a visible sadness on the face of appellant because of which he

stopped saying anything to her on the subject. He gave her all the love, care

and affection but the attitude of the appellant did not change as she

continued to spend time chatting with her sister.

4.

Over a period of time the respondent realized a great deal of

dependency of the appellant on her younger sister as she would do

everything in the household only after discussing and with the approval of

the sister. Her interactions with her parents and sister increased after she

conceived the child in the month of August-September, 2010 and she hardly

had any physical intimacy with him, thereafter. The suggestions of the

respondent to arrange separate rented accommodation for the sister did not

meet with any approval on the pretext that it was not safe for a girl to live

alone and she told him that the sister would always live with them.

5.

The respondent further stated that his suggestion to bring his mother

to Delhi to take care of the appellant during the pregnancy did not find

favour and she informed that her mother would come for the delivery. Over

a period of time, the respondent felt that the appellant was full of hatred for

his mother and family members and wanted the respondent to severe all his

DigitallySigned By:SAHIL

SHARMA

Signing Date:14.10.2023

15:34:29

Signature Not Verified

MAT.APP.(F.C.) 179/2023

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ties from his family members. She would make faces and throw tantrums at

the respondent to somehow avoid going to any function or marriage in the

family.

6.

The respondent further asserted that he met all the expenses of the

delivery of the child. In addition to paying Rs.50,000/- towards the delivery

charges, he also rei