The courts must look at married life as a whole while ascertaining acts of mental cruelty and must not form an opinion based on a few isolated incidents.

IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 31st July,2023 

Pronounced on: 05th September, 2023

PREETI                                                                                                                                                                                    ..... Appellant

Through: Mr. Rajinder Singh, Ms. Deepali

Dasgupta and Ms. Muskan Tandon,

Advocates.

versus

VIKAS                                                                                                                                                                                          ..... Respondent

Through: Mr. Mujeeb Khan and Mr. Amjad

Khan, Advocates.

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

NEENA BANSAL KRISHNA, J

1. The present Appeal has been filed under Section 19 of the Family Courts Act, 1984 read with Section 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as „the Act, 1955‟) for setting aside the Decree and Judgment dated 09.12.2022 vide which the marriage between the parties has been dissolved by a decree of divorce under Section 13(1)(ia) of the Act, 1955 by the Learned Principal Judge.

2. The admitted facts in brief are that the appellant/wife (respondent in the divorce petition hereinafter referred to as „appellant‟) got married to the respondent/husband (petitioner in the divorce petition hereinafter referred to as „respondent‟) according to the Hindu Rites and Customs on 22.11.2015 at Ashok Farms, Chhattarpur, New Delhi. The marriage was duly consummated, though, no child was born from the said wedlock. After marriage, the appellant and her husband used to live at the second floor of the matrimonial home, whereas her in-laws used to reside at the ground floor. However, the marriage came under strain and the appellant went to her parental home in the month of February 2019 and lodged a complaint dated 21.2.2019 alleging dowry harassment at the Police Station, Sector 31, Faridabad against her husband and his family members. The matter was settled vide a Settlement Deed dated 11.03.2019 wherein it was agreed:-

“i) That both the parties shall not reside in the house of the Father-in-law and mother-in-law of the girl and would reside outside Ambedkar Nagar. ii) That all the articles given in dowry and the jewellery article given in dowry and the jewellery given by the InLaws and husband. would be in possession of Preeti. iii) That the husband-Vikas was frequent in giving threat of Divorce to Preeti, he shall not extend any further threat of Divorce iv) That the ln-laws of wife would not raise demand of dowrv. v)That the family member from both the sides would not interfere with the affairs of husband and wife. vi) That the husband would spend his income on him and his wife and the residual would be saved in his account after taking care of the household expenses.”

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