from depression; denial by her in the instant petition of leaving her
matrimonial house without informing to visit Vaishno Devi on March 20,
2007, but proved in the Guardianship Petition are telling evidence in
favour of the appellant and against the respondent and we see no reason
to disbelieve the appellant regarding the rest. It is thus not a simple case
of oral evidence which would be in the category of word of mouth versus
word of mouth. The unilateral termination of the second pregnancy by
the respondent proved by Ex.PW-1/5 adds on to the mental torture
inflicted upon the appellant.
12. Regretfully, these aspects have been overlooked by the learned
Judge, Family Court.
13. The totality of the evidence establishes not only mental cruelty but
even desertion and thus the appellant would be entitled to the marriage
being annulled by grant of decree for divorce on grounds of cruelty as
well as desertion.
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision : November 21, 2016
MAT(FC) No.23/2015
SANJIV KUMAR JINDAL v ANIL KUMARI @ NEELAM
CORAM:
MR. JUSTICE PRADEEP NANDRAJOG
MR.JUSTICE YOGESH KHANNA
