Decided on February 20,2007

SUJATA Respondents


S.Muralidhar, J. - (1.) This appeal is directed against the judgment/order dated 6.2.2002 passed by the learned Additional District Judge, Delhi in HMA. No.383 of 1999 by which the Appellant's petition seeking dissolution of his marriage with the Respondent on the ground of cruelty and desertion, was dismissed.
(2.) The Appellant and Respondent were married on 31.10.1995 and resided in Delhi upto 4.6.1996. The Appellant is an employee of the Central Government and the wife was employed as a Nursing Officer in an Army hospital.
(3.) The husband cited as many as 8 instances in support of his case that the Respondent has treated him cruelly during the time they stayed together. The Appellant, however, examined only himself as the sole witnesss. In his cross- examination, the Appellant admitted that the parties had shifted their residence from Pushpa Vihar, where they were residing soon after the marriage, to the Government accommodation allotted to the Respondent at Lawrence Road in February, 1996. It was his case that the Respondent had agreed that she would leave her job after marriage, but later refused to do so, that the Respondent had not allowed the sister of the Appellant to stay with them and that he was forced to leave the matrimonial home because of the misbehaviour of the Respondent. In the cross-examination, it transpired that the only contribution that the Appellant made to the matrimonial home was a rented accommodation at Dakshinpuri, where the parties did not reside even for a single day. Therefore, it was the Respondent who made the arrangement for residing at Pushpa Vihar and later when they resided together at Lawrence Road, it was on account of her employment that the said premises were available for their residence. He also admitted that the Respondent's parents, brother and sister had in fact come to stay later on in the matrimonial home. In particular, he admitted that his sister had stayed at the Lawrence Road for a few days.;

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