SHRI RAKESH RAMAN Vs. SMT. KAVITA

JUDGEMENT

(1.) This appeal arises out of a divorce proceeding initiated by the appellant under Sec. 13 of the Hindu Marriage Act, 1955, (hereinafter referred to as the "Act "), in the Court of Additional District Judge (North), Tis Hazari Courts, Delhi. His suit was decreed and the marriage was dissolved by the Order of the Additional District Judge (North) dtd. 2/5/2009. The respondent/wife, then, filed an appeal before the Delhi High Court which has set aside the order of the Trial Court and dismissed the petition of the husband. Aggrieved by the said Order, the appellant/husband has filed a Special Leave Petition before this Court, in which leave was granted on 26/2/2013.

(2.) The appellant and the respondent were married under Hindu rituals and customs in Delhi, on 16/4/1994. Regrettably, it did not take long for the marital discord to set in their marital life. The appellant 's case is that his wife was not happy in their small dwelling, and used offensive, even abusive language against him. It has also been alleged that in September, 1994, she got her pregnancy terminated, without any prior intimation to her husband (this allegation was denied by the wife and could never be proved against her). It was in September 1994, again when she left her matrimonial home, but due to the efforts made by the well­wishers and relatives, they started living together from March 1995 onwards. This again did not last long, as on 16/2/1998 she left her matrimonial house, and lodged a complaint with the local police on 16/17/2/1998. In March 1998, she agreed to join her husband, on the condition that the appellant would take another accommodation and consequently in April, 1998 another house was taken on rent, and the two started living together in the new house. But then, on 24/8/1998, the appellant alleges that he was beaten by his wife and her brother. On 29/11/1998, he was kept out of his own house for the entire night. On 17/12/1998 she left her matrimonial house and lodged an FIR against the appellant and his brother, under Sec. 498A/406 of the Indian Penal Code, at Anand Parbat Police Station, New Delhi. The appellant and his brother were arrested the same day, while they were attending a marriage ceremony, and this was done in the presence of 15 to 20 of his friends. Later the two were released on bail, though the wife persisted with the matter and even moved an application for cancellation of their bail. The wife then filed a complaint under Ss. 323 and 324 read with Sec. 34 IPC against the appellant/husband and his family members, however, they were subsequently discharged from the case. The respondent also initiated proceedings against appellant under Sec. 107 read with Sec. 150 of the Code of Criminal Procedure. She then filed a petition, under Sec. 18 of Hindu Adoption and Maintenance Act, 1956, for her maintenance.

(3.) Left by his wife and burdened with multiple litigations slapped on him, the appellant took the decision to end the matrimonial relations. He thus moved his petition for dissolution of marriage under Sec. 13(1) (ia) & (ib) of Hindu Marriage Act, 1955, before the Additional District Judge, North Delhi on 20/9/2002, inter alia, on the facts, as narrated in the preceding paragraph.