KAVITA Vs. VIJAY

JUDGEMENT

(1.) The present appeal under Sec. 19 of the Family Courts Act, 1984 has been filed by the appellant against the judgment and order dtd. 1/7/2018 passed by the learned Family Court in HMA No. 1008/2011 (Old No. 743/2009) whereby respondent's petition under the provisions of Sec. 13(1) (ia) of the Hindu Marriage Act, 1955 has been allowed and marriage between the appellant and the respondent has been dissolved by awarding a decree of divorce.

(2.) The parties to the present petition got engaged on 28/11/2003 and entered into the bonds of marriage on 28/11/2005, adhering to Hindu rites and ceremonies. On this significant day, the appellant's sister, Urmila, and the real brother of the respondent, namely, Prem Prakash, also married. Their marriage, orchestrated by the Maternal Uncle (Mama) of the respondent and the parents of the appellant, endured for more than two and a half years without the blessing of children.

(3.) The appellant in the present appeal has averred that respondent started mistreating her almost immediately after marriage, employing foul language, frequent screaming and occasional physical abuse even on trivial matters. The appellant has alleged that the respondent subjected her to humiliation at the instigation of her mother-in-law. The appellant has averred that since she hailed from a financially disadvantaged background and fearing that her parents would be unable to provide support chose silence in the face of the sustained abuse and with the hope that the situation might improve.