DINESH KUMAR SINGH, J. - (1.) This First Appeal has been filed against the judgment and order dated 15 July 2017 passed by the Principal Judge, Family Court in Divorce Petition No. 16 of 2015 (Major Narendra Singh Rana v. Smt. Pooja Rana), whereby the application moved by the appellant wife has been rejected holding that the divorce petition filed by the respondent-husband under Section 13 (1) (1a) of the Hindu Marriage Act, 1955 on the ground of cruelty is maintainable despite the fact that the respondent-husband has embraced Christian religion on the date of filing the divorce petition.
(2.) The facts, in brief, are as follows:- The respondent-husband married the appellant-wife on 29 April 2007 at Aonla, Bareilly according to Hindu rites. Soon thereafter, the relation between them started deteriorating on account of appellant wife pressing that her husband should not visit his parents. On a number of occasions, she also created scenes while dining together in restaurants as she disliked non-vegetarian food which was preferred by the respondent. Discord between them rose to the level that one day she consumed all the medicines which were lying in their house in an attempt to commit suicide. Ultimately the respondent filed the petition for divorce on 25 March 2015.
(3.) The appellant has filed written statement wherein she has denied all the allegations and made counter allegations against her husband that he is in the habit of consuming liquor, indulges in 'Tona-Totka' and also makes a demand of Rs. 25.00 lacs or a flat to be arranged by her parents. She is totally dependent upon her father along with her small daughter. She also took preliminary objection that the petition of the respondent is not maintainable because he has embraced Christianity as per his own admission in the petition.;