Pradeep Nandrajog, J. - (1.) The appellant is aggrieved by the judgment dated 13/02/2015 granting decree of divorce in favour of the respondent holding that the evidence brings out that both spouses committed acts of mental and physical cruelty against each other.
(2.) The facts in brief are that the respondent-husband filed Divorce Petition No.464/2011 in the court of learned Judge Family Court No.1, Jaipur City, Jaipur seeking divorce from the appellantwife u/S.13 of the Hindu Marriage Act, 1955 on the ground of cruelty.
(3.) Respondent Pankaj Meel in his plaint has stated that their marriage was solemnised according to Hindu rites on 11/07/2008. After marriage the reception was organised on 12/07/2008 at Plot No.47, Surya Nagar, Murlipura Scheme, Jaipur. The respondent has obtained a Bachelor's Degree, Master's Degree followed by a Bachelor Degree in Education, MBA, M.Phill and Ph.D. He is a Lecturer in Rajasthan Institute of Engineering and Technology in Jaipur. After marriage, parents of the appellant took the appellant with them at Baroda on 15/07/2008. On 16/08/2008 when he reached Baroda to fetch her, the appellant told him that since birth she had lived in Gujarat and her parents were residing in Baroda and she was unhappy living with him in Jaipur and desired to live in Baroda. She forced him to get a job in Baroda. The respondent counselled the appellant telling her that he is the only son and he has to look after his parents in Jaipur to which the appellant retorted that she was not desirous of becoming a part of his family. That as time passed the attitude of the appellant turned hostile. She started using abuses and taunting such as calling him eunuch, of low mentality and that he was not born to his parents. That she would call his mother a prostitute. On 17/08/2009 he brought the appellant to Jaipur. In November 2008 she quarreled with her parents and insisted to go to Gujarat. Respondent's father informed the appellant's father over the telephone about the appellant's attitude, and he took the appellant to Gujarat because of some marriage in their family. After eight days the appellant returned to Jaipur with her parents. He reached the bus stand to bring the appellant and her parents to his house. On reaching the bus stand appellant told respondent in anger why he reached late. She went back to Baroda. In January 2009 he reached Baroda to fetch appellant. Initially she refused but on persuasion came to Jaipur. On 03/08/2009 she fought with him and inflicted scratch marks on his body. The next day i.e. on 04/08/2009 Jaipal Singh, respondent's paternal uncle visited the house. The appellant came out of her room abusing generally and slapped respondent's mother in kitchen. On 05/08/2009 appellant's father accompanied by 5-6 relatives came to hold a meeting. Nothing fruitful emerged at the meeting. Due to tension created by the appellant in the family, on 13/08/2009 respondent's father suffered a heart attack and had to be admitted at Tongia Hospital, Jaipur. When he brought his father back to the house the appellant fought. The appellant lamented as to why his father did not die due to heart attack. On 21/11/2009 appellant's father visited the matrimonial house without any prior intimation. He said that he would be taking the appellant with him. The appellant packed her clothes in three suitcases. She was in the family way at that time. The respondent asked the appellant as to why she was carrying three suitcases with her because as per her she was going to her parental house for few days. He told her that the delivery should take place in Jaipur. A male child was born on 16/02/2010. Marriage of appellant's cousin brother was to be solemnised on 10/12/2010 at Jhunjhunu and on 09/12/2010 she told the respondent to accompany her to the marriage but he told her that upon leave being granted he would attend the marriage else she would have to go alone; at this, the appellant got annoyed and kept abusing his parents throughout the day. When he came to the house in the evening she fought with him and pulled his hair. As his parents intervened the appellant bit his father on the thigh. On 12/01/2011, she inflicted a 'musli' blow on the face of his father. Ghasi Ram Poonia, a neighbour intervened and tried to convince them but to no avail. On 22/04/2011, the respondent's family returned the dowry articles in presence of Ghasiram, Jaipal Singh, Ram Singh, Sukhveer Singh and Gulzari Poonia. On 30/05/2011 at 9-9.30 p.m. the appellant physically assaulted him and called the police and got him arrested on the same day. His medical check was done at Kanwatia Hospital on 31/05/2011 and thereafter he was granted bail.;