GOVIND MATHUR,J. - (1.) This appeal is before us to examine correctness of the judgment and decree dated 24.8.2015, passed by the Family Court No.2, Jodhpur Metro in Misc. Application No.13/2012, Smt. Sunita Dwivedi v. Vinod Kumar Sharma. Under the judgment aforesaid learned Family Court rejected an application preferred by the appellant as per provisions of section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act of 1955'). Suffice to mention that under the same judgment an application preferred by respondent Shri Vinod Kumar Sharma as per provisions of Section 9 of the Act of 1955 was accepted and a decree for restitution of conjugal rights was granted.
(2.) In brief, factual matrix of the case is that the appellant entered into a wedlock with the respondent on 10.11.1997 at Jodhpur as per Hindu rites and customs. After marriage the appellant went to Agra (U.P.), her matrimonial town. As per the appellant, the respondent, a retired Subedar from Indian Army, is an alcoholic with violent attitude. Under intoxication he gave serious beatings to the appellant on several occasions. He was also in habit of adopting unnatural tactics while undergoing physical relations and further that he was compelling the appellant to consume liquor and also to other inhuman activities. It was also averred in the application that due to torture extended to the appellant, her father remained under serious trauma and ultimately died on 21.4.1999. In addition to whatever stated above, as per the appellant, she was third wife of the respondent and two earlier wives left him due to his cruel attitude. Looking to all these circumstances it was not possible for the appellant to stay at her matrimonial house, hence she came to her parental house at Jodhpur. In the month of May, 2004 she again went to her matrimonial house with a hope that there would be some change in attitude of the respondent but of no consequence. The appellant faced serious torture including forceful consumption of liquor with allopathic medicines. She was ultimately compelled to left her matrimonial house on 6.6.2004.
(3.) With this factual background a decree of divorce was claimed on the ground of cruelty and desertion.;