- (1.) This appeal is preferred to question correctness of the judgment dated 07.10.2015 passed by learned Family Court, Bhilwara in Civil Miscellaneous Case No.145/2012 (Smt. Seema Jain v. Manoj Jain).
(2.) By the judgment impugned, learned Family Court dismissed the application preferred under section 13 of the Hindu Marriage Act, 1955 preferred by the appellant. A decree was drawn accordingly.
(3.) The factual matrix necessary to be noticed for adjudication of instant appeal is that the appellant Smt. Seema Jain entered into a wed-lock with respondent Shri Manoj Jain on 13.05.1999 as per Hindu Rites and Customs. As a consequence of the wedlock aforesaid, the couple had three children namely Kumari Ritika, Kumari Ayushi and Naman Kumar born on 03.09.2000, 06.07.2002 and 23.04.2008 respectively. On 13.11.2009, the appellant applicant preferred an application as per provisions of section 13 of the Hindu Marriage Act, 1955 to annual the marriage that was solemnized on 13.05.1999. As per the appellant applicant, the respondent husband and his other family members for one or other reason harassing and humiliating her and that is nothing but cruelty sufficient to annul the marriage. The appellant applicant further stated that in the year 2009 she went to her maternal house just to participate in marriage of her brother, but subsequent thereto, the respondent did not allow her to join matrimonial home. Several allegations to substantiate cruelty as well as desertion were mentioned in the application and evidence too was adduced to substantiate the same. The respondent contested the application by denying all the allegations. Learned Family Court after considering the evidence available on record, dismissed the application by arriving at the conclusion that the appellant failed to establish cruelty. With regard to desertion, the Family Court held that subsequent to 16.05.2009, the respondents made efforts to bring the appellant applicant to continue the marriage but she at her own refused to join matrimonial home. ;