MAT.APP.(F.C.) 28/2018

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of Decision: 17.01.2022

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MAT.APP.(F.C.) 28/2018 & CM APPL. 23369/2021

SUNIL KUMAR

..... Appellant

Through:

Ms. Zubeda Begum, Adv.

versus

GAYATRI

..... Respondent

Through:

Mr. Ashok Kriplani, Adv.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

HON'BLE MR. JUSTICE JASMEET SINGH

JASMEET SINGH, J. (ORAL)

1.

The present appeal has been filed by the Appellant (husband) against the

Respondent (wife) under Section 19(1) of the Family Courts Act, 1984 read

with Section 28 of the Hindu Marriage Act, 1955 for setting aside the

impugned order dated 07.12.2017 in HMA Case No. 1086/14, passed by the

Principal Judge, Family Courts, Tis Hazari Courts, Delhi wherein the

Principal Judge has dismissed the divorce Petition filed by the Appellant-

husband.

2.

Briefly stating the facts giving rise to filing of the present appeal are as

under:

a.

The marriage between the Appellant-husband and the Respondent-

wife was solemnized on 30.05.2004. There is one daughter from the

wedlock born on 18.02.2006. The parties have been living separately

since 28.03.2008.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/000636

MAT.APP.(F.C.) 28/2018

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b.

At the time of marriage, the Appellant was working as a Chemistry

Teacher in Karnal, and the Respondent was working in a private

school in Tonk, Rajasthan as a Physical Education Teacher. As the

place of work of both of the parties was at different places, both

parties met once every two months depending on holidays, and by

taking leave from work.

c.

As per the case of the Appellant, the Respondent changed her job in

2005 and moved to Mayo Girls School, Ajmer as a Physical

Education teacher. The Appellant continued with his job in Karnal.

The Respondent resigned from her job shortly after the birth of the

child, and joined the company of the Appellant at Karnal.

d.

That the Respondent along with the child disappeared one day in

August 2006 from Karnal, and were found in Ajmer the next day.

Upon being brought back to Karnal, the Respondent expressed her

desire to rejoin her job at Ajmer. However, when the school declined

to offer the job to her, the Appellant persuaded her to stay with him

in Karnal.

e.

That after some time, the Respondent again expressed her desire to

move to Ajmer. Thus, the Appellant put his job at stake, and applied

for a job at various schools in Ajmer and ultimately succeeded in

getting a job at Military School, Ajmer. It is alleged by him that once

he succeeded in getting the job in Ajmer, the Respondent, instead,

took a job in Delhi at Salwan Public School and moved herself and

the minor child to Delhi and left the company of the Appellant. Five

months later, the Respondent again changed her job and moved to

Mody School at Lakshmangarh, Sikar, Rajasthan.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/000636

MAT.APP.(F.C.) 28/2018

Page | 3

f.

The Appellant again decided to apply for a teaching job in the same

school where the Respondent was working so he could stay with the

Respondent and the child. Consequently, he applied and got a job

at Modyi School, Sikar.

g.

As per the Appellant, the entire effort of the Respondent-wife at

Sikar, was to stay away from the Appellant and the Respondent

would have her lunch alone, and spend Sundays with her friends at

school etc. etc.

h.

That the respondent - with the minor child, disappeared from the

matrimonial home without any intimation to the Respondent from

28.03.2008 to 19.04.2008. On 19.04.2008, the Appellant and the

Respondent’s father lodged a missing person report at Sikar,

Rajasthan.

i.

That the Respondent was located in Bharatpur, Rajasthan by the

police subsequently. Since 28.03.2008, the parties have not

cohabitated together as husband and wife.

j.

It is alleged that the Respondent filed a