A.K.PARIHAR,J. - (1.) PRESENTAPPEAL has been filed by the appellant challenging the order dated 8.1.1997, passed by Family Court, Ajmer by which divorce petition, filed by the appellant u/Section 13 of the Hindu Marriage Act, has been dismissed by the Family Court.
(2.) THE marriage took place on 3.12.1992. Out of the wedlock a son was also born on 21.11.1993 at Ajmer. Just after three years of the marriage the divorce petition was filed by the appellant -wife before the Family Court, Ajmer, on the ground of cruelty. Since there was ground of cruelty only, the Family Court framed issues and after taking evidence of both sides, held that ground of cruelty has not been proved at all and thus, dismissed the petition filed by the appellant u/Sec. 13 of the Hindu Marriage Act, vide order dated 8.1.1997. Mr. Sharma, Counsel for the appellant, has vehemently argued that the findings of the learned Family Court are perverse and not based on material on record.
(3.) CONTENTION of Mr. Sharma is that there is enough material on record to prove cruelty on the part of the husband. He has heavily relied on two letters submitted before the Family Court, showing that the respondent -husband was guilty of committing theft at his own sister's house, which is sufficient for mental torture for a wife.;