Case Details:
Case No.: Mat. App. (F.C.) 144/2019
Bench: Hon’ble Suresh Kumar Kait, J. and Hon’ble Neena Bansal Krishna, J.
Delhi High Court dissolved marriage between the parties where the respondent wife had done everything to get the appellant and his family entrapped in the criminal case.
The appellant being aggrieved by the order passed by the learned Family Court has filed appeal against the order.
The appellant filed the appeal because the learned family Court failed to appreciate the evidences and false cases have been filed against the family members of the appellant.
The appellant and the family members have been acquitted by the learned MM Mahila Court as the prosecution failed to prove its case and the respondent wife has done categorical character assassination of the appellant as well as his family members. It is observed by the Hon’ble Court that it is debatable as to whether the respondent wife left her on her own volition or was thrown out of the matrimonial home and it is observed that she did not return to the matrimonial home despite the appellant efforts to bring her back. The respondent wife also failed to justify not returning to the matrimonial home and her refusal to cohabitate with the appellant is sufficient to establish desertion by her.
The Court upon perusal of evidences on record and facts and circumstances of the case at hand has dissolved the marriage between the parties.