VISHAL MISHRA,J. - (1.)The first appeal under Section 19 of the Family Courts Act, 1984 is being filed against the judgment and decree dated 11.08.2018 passed by the Principal Judge, Family Court, District Shivpuri, whereby the application filed under Section 13 (1) (ia), (ib) of the Hindu Marriage Act for dissolution of marriage dated 08.04.2013 with the defendant/ appellant has been allowed. The appeal was admitted on 05.02.2019. All the efforts regarding amicable settlement between the parties have failed.
(2.)With the consent of the parties, the matter is taken up and finally being heard.
(3.)It is alleged by the counsel for the appellant that the marriage between the appellant and respondent was solemnized on 08.04.2013 at Shivpuri as per Hindu rites and rituals and thereafter, the appellant remained with the respondent in her matrimonial house from 2013 to 2014. Application under the Hindu Marriage Act has been filed seeking dissolution of marriage dated 08.04.2013 by husband on the ground that the defendant/appellant has stayed in her matrimonial house for only three days and thereafter, she went back to her parental house. No relationship of husband and wife has developed. No issue has been born out of the marriage. The defendant used to harass the appellant as well as the family members without any reason and used to treat in-laws with cruelty for no reason. She has deserted the appellant since last more than three years. Therefore, on the basis of cruelty and desertion, the application for dissolution of the marriage has been filed. A reply has been filed by the appellant/ defendant on the ground that the behaviour of the respondent was never good with the appellant. The respondent used to consume liquor and used to beat her and abuse her. The appellant was forced to get her abortion done in a private hospital. The appellant is having no mother and father and is forced to reside with her brother as the respondent does not want to keep the appellant with him and wants divorce as he is having some illegal relation with one Halki Rathore. Therefore, for one or the other reason he used to beat her and harass her. All the other grounds which have been taken by the husband claiming divorce has been denied by the appellant.