REKHA MITTAL,J. - (1.) The present appeal lays challenge to the judgment and decree dated 11.09.2013 passed by the District Judge, Gurgaon dismissing the petition filed under Section 13 of the Hindu Marriage Act 1955 by the appellant (husband), seeking divorce on the ground of cruelty and adultery.
(2.) The marriage of the parties was performed at New Delhi in the year 1989. Two sons have been born out of the wedlock in the year 1990 and 1995. The appellant has accused his wife of causing mental cruelty inter alia on the following grounds: - 1. Her behaviour towards him and his family members was humiliating and insulting. On one occasion, she scratched the face of his mother. 2. In July 1993, she pressurised the appellant to live separately from his parents and he succumbed to her pressure. After separation, her abusive behaviour towards the appellant worsened. She called the local police without any cause alleging that her husband and his parents were harassing her. 3. In 1996, the younger son of the parties was diagnosed with Autism i.e. mental retardation due to which the appellant was heart broken. Even at that point of time, she insulted and taunted him on many occasions. She blamed him for the problem of the child saying that it was because of his genetic make -up. 4. In December, 2004, the respondent developed illicit relation with a person from Gurgaon who was a friend of her old boy friend namely Dr. Raj Kumar Rai now in U.K. When he confronted her, she stated that she had strayed out of marriage a number of times previously and if he would dare to object than she would implicate him falsely in a criminal case as the law is in favour of a woman. 5. On account of her abusive and cruel behaviour, he was compelled to shift to rental accommodation in a flat at DLF City, Phase IV, Gurgaon.
(3.) The respondent filed the written statement controverting the averments set up in the petition. It is averred that the appellant is a hot tempered person, gets furious upon small things and is in the habit of assaulting the respondent. He hit the respondent with a paper weight and she was constrained to call the police to save her life. She has denied all the material averments in the petition levelling allegations in regard to her misconduct or extra marital affair. It is further averred that the petitioner has raised vague and general allegations just to create a ground for filing the petition.;