ABHA TRIVEDI Vs. RAJENDRA KUMAR GAUTAM

JUDGEMENT

(1.) THIS appeal under Section 19 of the Family Courts Act has been filed by the appellant-applicant-wife aggrieved against judgment and decree dated 11.08.2011 passed by the Judge, Family Court No.1, Jodhpur ('the Family Court'), whereby, the application filed by her under Section 13 of the Hindu Marriage Act, 1956 ('the Act') has been dismissed.

(2.) THE brief facts of the case can be summarized thus:- The applicant-appellant filed an application under Section 13 of the Act on 22.12.2004, inter alia, with the averments that her marriage with the respondent Rajendra Kumar Gautam was solemnized on 19.11.1995 at Jodhpur; and after marriage, she stayed with her husband and in-laws at Kota. The appellant alleged that the husband and his family members used to abuse her for dowry, however, she remained silent. The appellant further averred that she was in government service from before marriage and was working on the post of Junior Accountant at Jodhpur; that her mother was suffering from Cancer and her three sisters were living outside Jodhpur and she had no brother; that for the purpose of living with her husband and for continuing with her matrimonial life, she got herself transferred to Kota in February, 1996, whereafter the atrocities of the husband and his family members increased and they took to physical violence with her. The appellant yet further averred that on being pregnant, she took leave and came to Jodhpur and delivered a son on 06.11.1996; that during that period, husband and his mother Mohini stayed at Jodhpur for 15 days and sought apology from her mother for their cruelty & misbehaviour and assured that the same would not happen in future whereafter she went to her in-law's place, but within few days, they started demanding Rs.1,00,000/- and, therefore, she separated from her in-laws and started living at Mahaveer Nagar, Sector-2, Kota.

(3.) THE appellant further alleged that on the night of 16.12.2002, the husband committed excessive physical violence with her and if the son had not woken up, he would have killed her. In the morning, the appellant applied for leave for a month from the office and went to her mother, who at that time was living with her brother-in-law Nitin Kulkarni; and from the month of January, 2003, she started living with her mother at Jodhpur after applying for further leave for 5-6 months. The appellant further stated that her mother died on 03.04.2003 when her mother-in-law and brother-in-law visited and started fighting with her; that on 07.03.2004, on the occasion of Holi, the husband came to her place and demanded money and started fighting with her, on which, the servant Uma intervened.