MAT App. No. 105 of 2008 Page 1 of 27

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HIGH COURT OF DELHI : NEW DELHI

MAT App. No.105 of 2008

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Judgment reserved on: 4^th December, 2008

Judgment delivered on: 12^th December, 2008

Sh. Shiv Nandan Sachdeva

S/o Sh. Chaman Lal Sachdeva

R/o S-524, School Block,

Vikas Marg, Shakarpur,

Delhi-110092.

...Appellant

Through: Mrs. Rani Chhabra, Adv.

Versus

Smt. Ruby

D/o Late Sh. Sardari Lal Chabra

R/o 5187, Gali Bal Kishan,

Basant Road, Paharganj,

New Delhi-110055

…Respondent

Through: Nemo

Coram:

HON'BLE MR. JUSTICE V.B. GUPTA

1. Whether the Reporters of local papers may

be allowed to see the judgment?

Yes

2. To be referred to Reporter or not?

Yes

3. Whether the judgment should be reported

in the Digest?

Yes

MAT App. No. 105 of 2008 Page 2 of 27

V.B.Gupta, J.

This appeal has been filed by the appellant

(Husband) under Section 28 of Hindu Marriage Act,

1955 (for short as „Act‟) against the judgment and

decree dated 20^th August, 2008 passed by Sh. Man

Mohan Sharma, Addl. District Judge, Delhi whereby

the petition of the appellant for divorce has been

dismissed.

2. The brief facts of the case are that marriage

between the appellant and respondent was solemnized

according to Hindu rite and ceremonies on 11^th

December, 1990 at Delhi. From this wedlock, one

female child was born to the parties on 27^th October,

1994. In the matrimonial home the relatives, the

appellant and his parents gave congenial environment

to the respondent for establishing the happy and

prosperous life but all invain because from the

beginning, the behavior of the respondent was very

MAT App. No. 105 of 2008 Page 3 of 27

cruel, unsocial and rude. The appellant was compelled

to live apart from his parents and vacated the

matrimonial home on 6^th June, 1991 i.e. within 6

months of the marriage. Both the appellant and the

respondent started to live separate from the parents of

the appellant but the behavior of the respondent did

not change. Rather the respondent became more

aggressive, violent, rude and uncooperative, etc. Even

after the birth of the female child the behavior of the

respondent continued to be rude. Infact she used to

beat the minor child and throw away the minor child so

as to give mental torture to the appellant.

3. One day the respondent threw away the minor

child and abused both the child and the appellant and

left the matrimonial home and went to her parents

house without permission of appellant. Regarding this

a police report was made on 1^st January, 1995.

4. Due to extreme mental torture and fear of danger

to life by the respondent and her brothers, the

MAT App. No. 105 of 2008 Page 4 of 27

appellant had to leave the last matrimonial home

where they last resided together on 15.08.1998. In this

regard complaint was also filed vide no. DD No. 7-A

dated 15.08.1998.

5. The appellant started to live separate from the

respondent and in the meantime, a complaint was

lodged by the respondent in the Crime against Women

Cell. In September, 1998 the appellant was called by

the Enquiry officer and after some hearing the

complaints were withdrawn by the respondent.

6. On 11.01.1999 a mutual agreement was entered

into by the appellant and the respondent before the

Enquiry officer Shri Vijay Rawat, as the respondent

was not interested in leading the matrimonial life with

the appellant.

7. The appellant complied with all the terms and

conditions of the agreement, but respondent inspite of

getting all type of assets, did not come forward to file

MAT App. No. 105 of 2008 Page 5 of 27

the mutual divorce under se