- (1.) The instant misc. appeal has been filed by the appellant/husband, Roshan Lal, under Section 19 of the Family Court Act, 1984 read with Section 28 of the Hindu Marriage Act, 1955, being aggrieved against the judgment dated 20th of October, 2016 passed by learned Judge, Family Court, Rajsamand in Civil Misc. Case No.74/2016, whereby the learned court below allowed the application filed by the respondent/wife under Section 13 of the Hindu Marriage Act, 1955 (Act of 1955) and granted divorce decree in favour of respondent/wife, Sushila.
(2.) Briefly stated, the facts of the case are that an application for grant of divorce against the appellant/husband was filed by the respondent, Sushila, inter-alia, on the ground that she was married with the appellant in the year 1998 and after attaining majority, she started living with the appellant as his wife. According to respondent/wife, she was treated badly by the appellant as no child was born out of their wedlock. The respondent further stated that she was mentally harassed for not having any child. It is also alleged that she was harassed for demand of dowry and ousted her out from the matrimonial home. An FIR was also lodged by her against the appellant and his family members. Thus, the respondent/applicant prayed for dissolving the marriage.
(3.) The appellant/husband filed his reply and categorically denied the allegations and submitted that the applicant/respondent was never ousted out from the matrimonial home, more so, the appellant was maintaining her well with full responsibility but she herself left the house. One of the relative of the appellant lodged a criminal case against his family members and to put undue pressure upon the appellant, coercive measures were taken and when appellant did not bend upon to the demand of the respondent; and her family members a false case for offence under Section 498A of I.P.C. was registered against him. The appellant also filed an application under Section 9 of the Act of 1955 for restitution of conjugal rights.;