- (1.) THIS appeal is directed against the judgment and decree dated 8.2.2006 passed by the District Judge, Bhilwara, whereby the petition filed by the appellant under Section 13 of the Hindu Marriage Act, 1955 ('the Act') has been rejected.
(2.) THE petition was filed on 2.7.2002 on the ground of desertion and cruelty with the allegations that the parties entered into wedlock 18 years before the date of filing the petition and were seperated in the year 1996. Two sons were borne out of the said wedlock, who were living with the appellant. It was alleged that the behaviour of the respondent was normal at the time and after the marriage for some time and thereafter, she started behaving with cruelty with him and his family members, whereby she would not follow the requests / instructions of the family members claiming that she was not their servant; the respondent was not interested in living with the family and wanted to separate from the family as her brothers were quite rich having business and showroom at Bombay and Baroda; the respondent used to threaten that she would commit suicide and involve the appellant and his family members; the respondent used to misbehave in the presence of relative and guests. It was thereafter alleged in the petition that the respondent left the matrimonial home without any reasonable cause and left two children with the appellant, one of whom is a mentally challenged child and despite his best efforts she has not returned back to the matrimonial home, which clearly shows her intention to desert. Ultimately, it was prayed that the marriage between the parties be dissolved.
(3.) A written statement was filed by the respondent -wife denying the averments made in the petition. It was inter -alia contended that despite unreasonable behaviour by the husband and his family members, whereby demand of dowry etc. was made and physical / mental violence was committed by them, she continued to remain in family, however, she was turned out of the house for no fault of her. It was also contended that the respondent has lodged criminal proceedings, wherein the appellant has been convicted, however, benefit of probation was granted to him, proceedings under Section 9 of the Act were initiated by her for restitution of conjugal right and another FIR under Sections 498A and 494 IPC was filed by her as the appellant has contracted second marriage with one Ms. Neeru. The averments made in the petition regarding leaving the children with the husband were also denied. It was claimed that the children were living with her and they were got admitted in the school, however, the appellant took away the children with him from the school itself. Ultimately, it was prayed that the petition be dismissed.;