DINESH CHANDRA SOMANI,J. - (1.) The applicant/appellant has preferred this appeal under section 19 of the Family Courts Act, 1984 against the judgment and decree dated 30.04.2009 passed by Judge, Family Court No. 2, Jaipur in Case No. 192/2003, whereby, the petition filed by the applicant/appellant under section 13 of the Hindu Marriage Act for dissolution of marriage, has been dismissed.
(2.) The material facts necessary for disposal of this appeal are that the appellant filed a petition under section 13 of the Hindu Marriage Act, 1955 on 31.05.2003 against the non-applicant/respondent in Family Court No. 2, Jaipur on the ground of cruelty and desertion, and prayed to grant a decree of divorce. The applicant/appellant averred that the marriage between the aforesaid parties was solemnized on 08.04.1968 in a Mass Wedding Ceremony held in village Kalwada, District Jaipur. At the time of marriage, both the parties were minor and no dowry articles were taken by father of the applicant, rather he gave Rs. 2,000/- to father of the non-applicant. After 10 years of the marriage, when the parties became major, father of applicant-husband contacted Chhitar, who happens to be brother-in-law (Jija) of the non-applicant/wife for Gona, who demanded money. When father of the applicant/husband declined to pay money, then Chhitar became furious and since then, he hates family of the applicant. In presence of persons of the community, Chhitar gave a threat that he will not let this couple settle down. However, Gona ceremony took place in the year 1979 under these controversies. Thereafter, non-applicant/wife gave birth to two children out of this wedlock but unfortunately both could not survive. Non-applicant/wife lived with the applicant up to year 1993, but no more issue born during this period.
(3.) It is also averred that appellant is the only male child of his parents. Brother-in-law of non-applicant, Chhitar resides in front of the house of the applicant and he has cordial relations with non-applicant. Under ill advice and on instigation of her brother-in-law (Jija Chhitar), non-applicant/wife was always cruel with the applicant and his parents, and misbehaved with them on trivial matters with intent to harm reputation of the applicant in society, and thereby caused mental agony. Not only this, the non-applicant never cooked food for old parents of the applicant and she used to get them out of the house in cold winter.;