S.MURALIDHAR, J. - (1.) THIS appeal is directed against the judgment and decree dated 6.5.2003 passed by the learned Additional District Judge, Delhi dismissing the HMA No 447 of 2000 filed by the appellant herein seeking divorce on the ground of cruelty and desertion. Background facts:
(2.) THE appellant and the respondent were married in Delhi on 26.2.1984. A female child was born to them on 14.11.1985. The case of the appellant is that right from the beginning, the respondent showed no interest in doing the household work; was not interested to live in the village where matrimonial home was located and started showing disrespect to him in the presence of his relatives. She had insisted for the delivery of the first child in Delhi to which the petitioner reluctantly agreed just to please the respondent. Even after return to the matrimonial home, the behavior of the respondent did not been change and she insisted on their returning to Delhi. It is stated that on 25.4.1984 when some relatives of the appellant visited their matrimonial home, she started insulting the appellant; made wild accusations against him and lowered his position in the eyes of his relatives. Again on 28.8.1984 she abused and shouted at the appellant, created a scene in the presence of the neighbours. On 11.9.1984 the respondent threatened to set herself on fire by pouring kerosene oil and implicate the appellant and his family members if he forced her to do any work in the matrimonial home. The appellant states that he made numerous efforts from December 1985 to January 1986 for reconciliation through the senior members of his family but the respondent did not change her behavior. She refused to have sexual intercourse on 16.7.1985 and 12.8.1985 and threatened to injure him. On 12.2.1986 the respondent threatened that in future if he tried to have intercourse with her, she would hang herself. Seven days thereafter she again refused to have sexual intercourse and declared that she is not prepared to accept the appellant as her husband. On 14.11.1986 when the appellant wanted to celebrate the birthday of the first child, the respondent started abusing and shouting and stated that she would kill herself and the baby. Meanwhile, she again became pregnant and again insisted that the delivery of the second child should be at Delhi. At that time she took away the entire Jewellery and cash. The second female child was born on 18.1.1987. Thereafter the appellant visited the respondent thrice and every time she Insulted him In the presence of her relatives. The respondent refused to come back in the matrimonial home thereafter.
(3.) THE appellant filed a petition under Section 9 of the Hindu Marriage Act, 1955 ('Act') in the Civil Court at Bulandshahar, Uttar Pradesh for restitution of conjugal rights. Meanwhile, during the pendency of this petition, on 6.2.1990 the appellant filed a petition being HMA No 477 of 2000 (Old No. 103/1990) against the respondent under Section 13(1)(ia) and 13(1)(ib) of the Act. When the appellant originally filed the matrimonial petition, he made a number of allegations about his having come to know of the illicit relationships of the respondent with some other persons. He named those persons, gave a lengthy narration of the respondent's illicit relationship with them and even alleged to have found them in a compromising position. However, in a subsequent amended application, he appears to have dropped all these allegations. It was this that had prompted the respondent to file an application under Order 6 Rule 16, CPC pointing out that reference to the alleged adulterous associations of the respondent are not only false and incorrect, they are also scandalous, defamatory and vexatious to a fair trial.;