KAVITA Vs. HARISH RAISEN

JUDGEMENT

(1.) THE appellant has filed the present appeal under Section 19 of the Family Courts Act read with Section 28 of the Hindu Marriage Act, 1955 calling in question the legal validity of judgment dated 1-2-2005 passed in Regular Civil Suit No. 104-A/2003 by the Family Court Bhopal, by which the application filed by the respondent seeking divorce has been allowed.

(2.) THE facts of the case in brief are that the respondent-husband filed an application under Section 13 (1) (i- a) and (i-b) of the Hindu Marriage Act, 1955 seeking divorce against the appellant on the ground of cruelty and desertion. It was alleged by the respondent that the parties had entered into wedlock on 26-4-2001 at Indore. Since 16-12-2002 the appellant has willfully deserted her husband and is living with her parents at Indore and in spite of his best efforts has refused to come back and live with him. The respondent plaintiff had also given a notice Ex. P-1 on 25-1-2003. The appellant and her father, who is a police man, had filed a false case against the parents of the respondent plaintiff, his two sisters and his brother and sister- in-law on 3-5-2003 alleging demand of dowry and harassment and cruelty on non-fulfillment of the demand under Sections 498-A and 506-B of the IPC. All the seven members of the respondent's family were prosecuted and the respondent was also arrested. The bail of the respondent was personally opposed by the appellant's father, who was working in the police department. The charges had been framed by the Judicial Magistrate, First Class, Indore against all the seven persons on 30-4-2004 against which the respondent had filed a revision before the Additional District Judge, Indore, which was allowed by order dated 10-8-2004 and all the charges had been quashed. It was further submitted by the respondent-husband that the conduct of the appellant from the very first day was cruel towards him; that from the very beginning the appellant refused to have any physical relationship with him alleging that the marriage was against her wishes; that she even deprived the respondent of the pleasure of becoming a father from the very beginning and on her own had started taking oral contraceptives due to which she had to be given treatment; that her behavior against his family members from the very first day was highly objectionable; that she refused to stay in the joint family and insisted that the respondent live separately with her; that because of her objectionable behaviour and conduct the brother and sister-in-law of the respondent started living separately; that she used to visit her parents house every now and then without informing the respondent and; that ultimately on 16-12-2002 she herself left the house of the respondent by discarding her Mangalsootra and bangles.

(3.) THE appellant in her written statement denied the charges and the allegations as made by the respondent and submitted that immediately after marriage the conduct of the respondent and his family members was extremely offensive; that all of them started making demands in addition to the dowry already given to them by asking for cash as well as a motorcycle and; that in furtherance of this demand the appellant was subjected to mental and physical cruelty and harassment; that because of the ill-treatment on the part of the respondent and his family members the appellant had to undergo treatment for which she had to go to her parents house; that the respondents and his family members subjected her to cruelty by beating her up and by abusing her; that as the appellant feared for her life she quietly telephoned her father who rushed to Bhopal alongwith her maternal uncle and took her away at Indore; that while leaving the respondent had snatched away the Mangalsootra and bangles etc. and had threatened that if the appellant and her father did not fulfil the demand for a motorcycle the respondent would enter into a second marriage and; that the appellant had filed a report against the respondent and his family members at Police Station MIG Indore.