Kb vs Ss on 27 May, 2016

1. The present appeal under Section 28 of the Hindu Marriage Act, 1955
(hereinafter referred as ‘HMA’) assails the judgment & decree dated
21.03.2009 passed in HMA 128/2008 by Additional District Judge (ADJ),
Delhi, whereby the learned ADJ while allowing the petition under Section
13(1)(ia) and (ib) of the HMA, has passed a decree of dissolution of

MAT.APP. 57/2009 Page 1 of 25
marriage in favour of the respondent/husband and against the appellant/wife.

2. The parties were married on 21.07.2003 in Delhi. One issue was born
out of the wedlock on 29.05.2004 at Chandigarh. In his petition, the
respondent/husband averred that after coming back from the honeymoon,
the appellant lived with the respondent and his family only for a few days.
Thereafter, the appellant left for Chandigarh to resume her work, and the
respondent along with his parents was living in Delhi. The respondent
claimed that when the appellant conceived, the respondent requested her to
return to Delhi at her matrimonial home. However, she did not return. The
respondent further alleged that the respondent only came to know of the
birth of the child from the wife of the landlord of the house at Chandigarh on
the following day, and no endeavour was made by the appellant or her
family to inform the respondent. The respondent was not allowed to see or
touch the child when he went to see the child at Chandigarh. He was also not
allowed to conduct the birth ceremonies. Further, the respondent alleged that
after coming back from Chandigarh, the appellant, instead of coming to her
matrimonial home went to her parental home. The appellant threatened the
respondent and his family members with implication in a false dowry case.
Thereafter, she filed a complaint dated 13.02.2006 in CAW Cell, on
allegations of harassment and infidelity. Even after the settlement of the
complaint in the CAW Cell, when the appellant came back to the
matrimonial house, she did not fulfill the family obligations and duties as a
wife and daughter-in-law.

Source: Indian Kanoon

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