SEEMA Vs. NILESH CHOUHAN

JUDGEMENT

(1.) Being aggrieved by the judgment and decree dated 22/7/2004 passed by First Additional District Judge, Dhar in case No. 36-A/03, whereby decree of divorce has been passed in favour of the respondent, the present appeal has been filed.

(2.) Short facts of the case are that the marriage between the appellant and the respondent took place on 9/5/2002 at Dhar. The suit of divorce was filed by the respondent on 28/8/2003, wherein it was alleged that after the solemnization of marriage, appellant went back to her parental house on 18/8/2002, thereafter inspite of calling the appellant did not turn up. It was alleged that respondent went to call the appellant on 23/8/2002, where he was misbehaved, thereafter, on 25/8/2002 along with number of persons, father of the respondent K.C. Chauhan went to the village of the appellant, where he was beaten.It was further alleged that on 28/3/2002 a notice was sent by registered post, whereby appellant was called upon but of no effect. Hence, it was alleged that respondent is entitled for a decree of divorce on the ground of cruelty and desertion.

(3.) Prayer was opposed by the appellant alleging that the appellant is living with her parents under compulsion. It was alleged that appellant has not been taken to her matrimonial house. It was alleged that, as the sufficient dowry was not given by the parents of the appellant, therefore, appellant was beaten and mentally tortured. In this regard a complaint was also lodged by the appellant. It was also alleged that ornaments of the appellant were taken by the respondent. It was prayed that application for divorce be dismissed.