DEEPA AGRAWAL Vs. ANAND AGRAWAL

JUDGEMENT

(1.) This appeal has been preferred by the applicant/wife under Sec. 19(1) of the Family Courts Act, 1984 questioning the legality and propriety of the judgment and decree dtd. 16/10/2019 passed by the learned Judge, Link Family Court, Sakti, District Janjgir-Champa (C.G.) in Civil Suit No.60-A/17, whereby the learned trial Court has rejected the application filed by the applicant seeking dissolution of marriage on the grounds enumerated under Sec. 13(1)(i-a) and (i-b) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act, 1955'). The parties to this appeal shall be referred hereinafter as per their description before the trial Court.

(2.) Briefly stated the facts of the case are that the marriage of the applicant/wife was solemnized with non-applicant/husband on 9/5/2004 in accordance with Hindu rites and rituals and thereafter, she started living with her husband in the matrimonial home at village Kunkuri and out of their wedlock, a daughter Kumari Samriddhi Agrawal was born on 29/3/2005, while a son Adarsh Agrawal on 15/6/2008. According to the applicant, she was subjected to cruelty by her husband and mother-in-law, namely, Laxmi Bai as they demanded ornaments and cash amount of Rs.5,00,000.00 soon after the birth of son Adarsh. It is alleged further in the petition that her husband and mother-in-law assaulted her and both of her children in the month of December, 2014 and were kicked out from the house as she failed to fulfill their undesirable demand. Further contention of her is that she was brought back by her father Vijay Kumar to her matrimonial home at village Kunkuri in the month of January, 2015 as her husband assured to keep her in dignified manner without making demand and it was pleaded further that since the assurance was given by him as such, therefore, no report with regard to the alleged incident occurred earlier was lodged. But, later on, she was again assaulted by her husband and mother-in-law in the month of February, 2015 for non-fulfilling the alleged demand of the ornaments and cash amount and was forcefully kicked out from the matrimonial home and since then, she is living with her father in the parental house at Sakti along with her children, which led to the filing of the petition seeking dissolution of marriage on the ground of cruelty and desertion.

(3.) While denying the aforesaid claim, it was pleaded by the non-applicant/husband that the applicant was never subjected to cruelty owing to non-fulfillment of the alleged demand of ornaments and cash amount of Rs.5,00,000.00 as alleged by her nor was ever assaulted either in the month of December, 2014 or in the month of February, 2015 as alleged by her in the petition. According to the non-applicant/husband, she after the solemnization of the marriage insisted him to live at her parental house at Sakti only and was adamant not to reside at her in-laws house at village Kunkuri and has voluntarily left the house along with her children while taking her clothes and ornaments etc. It was contested further on the ground that the entire allegations as made by the applicant/wife in the claim petition are frivolous and concocted and has been made in order to get the decree for dissolution of marriage. The claim of her is, therefore, liable to be dismissed.