JYOTI YADAV Vs. NEERAJ YADAV

JUDGEMENT

(1.) The appellant has invoked the jurisdiction of this Court under Sec. 19 of the Family Courts, 1984 assailing the impugned judgment order dtd. 31/1/2019, whereby the Family Court, Southr West, Dwarka granted a decree of divorce in favour of the respondent/husband under Sec. 13 (1)(ia) of the Hindu Marriage Act, 1955 (hereinafter referred as HMA).

(2.) Briefly stated, the facts are that the parties were married as per Hindu rites and customs at Palam, Delhi on 29/6/2014. However, immediately after marriage, the relations between the couple turned sour. The appellant/wife lodged an FIR bearing No. 306/2016 under Sec. 354/354- A/354-B/354-C IPC, PS Palam Village against her father-in-law. The divorce petition was filed by the respondent/husband on the ground of the cruelty on 8/3/2017. The Family Court after the trial, granted decree of divorce.

(3.) The Family Courts in the impugned judgment, noted that after around one year of marriage, the parties shifted to a rented accommodation in Saidalazab, Saket, New Delhi. The appellant - wife was working as a Social Science Teacher with the Delhi Government and the respondent - husband was employed as Assistant Manager (Coordination) with M/s Bridge and Roof Co. (India) Ltd. The Respondent - husband in the petition had levied certain allegations against the appellant - wife regarding her lifestyle, attitude and strange behavior towards his parents. The appellant - wife allegedly did not pay any heed to the respondent's advise to modify her life style. The respondent/husband with a hope to see some improvement in their relation, shifted to an independent rented house. However, the behavior of appellant/wife allegedly, did not improve. The appellant/wife allegedly made false allegations against the father of the respondent/ husband which, later on, she sought to withdraw and sought pardon as recorded in the written submissions made to Inquiry Officer (10) on 25/6/2016. The appellant -wife filed false and frivolous complaints before the Delhi Commission for Women and CAW Cell on 3/6/2016 and 17/6/2016 respectively for dowry harassment against the respondent/ husband and members of his family. These complaints were closed after investigations. The appellant/wife also allegedly filed false FIR bearing No. 306/2016 under Sec. 354/354-A/354-B/354-C IPC, PS Palam Village. It has now been brought on the record that, in the said case, the Trial Court has recorded an acquittal. Appellant/wife, allegedly - in order to malign the members of the family of respondent/husband, got it published in the newspaper. Appellant/wife allegedly left the matrimonial house on 11/7/2016 alongwith the household goods, and filed a false and frivolous case under Sec. 9 of HMA in the Court of ADJ, Khetri Nagar, District Jhunjhunu, Rajasthan. Thereafter, the respondent/husband filed the present petition under Sec. 13 (1) (ia) of HMA on the ground of Cruelty.