Mrs. Nisha Rani vs Sh. Sohan Singh Nehra on 6 January, 2017

MAT.APP.(F.C.) 82/2014 Page 1 of 12
2. Briefly stated the facts are that the respondent/husband had filed a
divorce petition HMA No.444/2009 (though originally filed before Faridabad
Courts and pursuant to the order of the Hon’ble Supreme Court dated February
26, 2010 the petition came to be transferred to Delhi Courts) against his wife
alleging his life being made miserable by his wife, she being quarrelsome;
always insisting of separation from her in-laws; did not provide him food in
time and made his life a hell. On February 14, 2002, the appellant gave birth to
a child, who unfortunately expired on February 16, 2002 and she held the
respondent responsible for his death and demanded ₹5,000/- as compensation;
she used to leave the matrimonial home without his consent on pretext of
joining some computer classes; and finally left the matrimonial home with her
parents on September 06, 2003 in his absence taking away all her dowry
articles and that he lodged DD No.25A dated September 11-12, 2003 with
Police Post No.3, NIT Faridabad, Haryana. The husband / respondent also
alleged that on April 03, 2004, a daughter namely Tina was born and all her
delivery expenses were borne by him and since then he has been visiting the
house of the appellant herein requesting her to return to her matrimonial home,
but to no avail. The husband / respondent also alleged that on September 08,
2003 he filed a Divorce Petition No.24/2013 in Faridabad Courts, but since she
gave an assurance to join him, he withdrew the said petition on January 19,
2004, but yet again the appellant failed to join his company. On June 13, 2004
he convened a Biradari Panchyat, but the appellant did not accept its advice
and insulted him in the presence of the panchyat members and rather filed FIR
No.477/2005 under Section 498A/ 406 of the IPC at police station Dabri,
Delhi. The respondent further alleged that at the advice of the learned Court, he
tried to patch up the matter and on January 05, 2006 went to her parents house

MAT.APP.(F.C.) 82/2014 Page 2 of 12
to bring her back, but was abused and kicked and that he reported the matter to
SHO, Dabri, Delhi.

Source: Indian Kanoon

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