ANNAPURNA Vs. V P RANGA MOORTY

JUDGEMENT

(1.) HEARD . This appeal under Section 19(1) of the Family Courts Act, 1984 (henceforth 'the Act, 1984') has been preferred by the appellant/wife challenging the judgment and decree dated 29 -9 -2005 passed by the 1st Additional Principal Judge, Family Court, Durg allowing the respondent/husband's application under Section 13 of the Hindu Marriage Act, 1955 (henceforth 'the Act, 1955') and granting a decree of divorce.

(2.) FACTS of the case, briefly stated, are that the respondent/husband/ applicant before the Court below instituted an application under Section 13 of the Act, 1955 on the pleadings inter alia that the parties were married at Durg on 24 -4 -1992. The applicant is a fourth class railway employee, whereas the appellant/non -applicant's brother was posted as Deputy Chief Controller in the same railway at the relevant time. At the instance of the non -applicant's brother, he agreed to marry the non -applicant and they started residing together. However, after sometime, the applicant realised that the non -applicant is a quarrelsome and irritating lady and used to make quarrel with him for no good reasons. She was in the habit of not taking care of the husband and not cooking food, therefore, at times, she had to attend office without having meals and if the husband tried to convince her, she used to shout, create a scene and collect the neighbours. In spite of efforts made by the brother to prevail upon the wife, she did not mend her ways.

(3.) THE appellant/wife/non -applicant before the Court below, in her reply, denied the allegations and stated that the applicant is habitual drinker. She denied to have any relation with R.M. Yewalkar. It was stated by her that she was treated with cruelty and for this she had to lodge a report. However, on assurance of good behaviour, she went to her marital house, but she was treated with cruelty once again.