RASHMI Vs. MANOJ

JUDGEMENT

(1.) The present appeal under Sec. 19 of the Family Courts Act, 1984 has been preferred by the appellant-wife against the judgment dtd. 26/8/2019 passed by the learned Principal Judge, Family Court, Delhi in HMA No. 561296/2016 petition filed by respondent-husband under Sec. 13(i) (ia) of the Hindu Marriage Act, 1955 has been allowed and divorce has been granted on the grounds of cruelty.

(2.) The respondent filed the petition under Sec. 13 (1) (ia) of the Hindu Marriage Act, 1955 seeking divorce from appellant on the ground of cruelty. The parties got married on 14/5/2011. The respondent husband claimed that he and his family members had welcomed the appellant herein with love, affection and respect. However, her family members frequently visited her and interfered in their day to day life. Accordingly, her behaviour with him and his family members was not co-operative and she misbehaved with them. The respondent alleged that appellant levelled false and frivolous allegations against his father and sister-in-law and used abusive and filthy language with them. She never discharged her matrimonial obligations and threatened to commit suicide and implicate them in the case of murder. The respondent averred that appellant alleged of him having illicit relations with his sister-in-law and refused to make physical relations with him. Consequently, since August, 2012 they did not live as husband and wife. The respondent also alleged that appellant used to frequently live with her parents without his knowledge and used to come back of her own in 10-12 days. That is how appellant left her matrimonial home in August, 2012 and since then she is living with her parents.

(3.) The stand of appellant in her written statement before the learned Family Court that she was taunted for the marriage ceremony not being performed as per the standard of respondent's family and made dowry demand, even though her parents had spent more than Rs.8,00,000.00 in marriage and given Rs.5,00,000.00 cash to her husband. The appellant further alleged that respondent used to drink liquor and at the instigation of his sister-in-law (brother's wife) used to beat her and never took care of her emotional feelings and was hostile towards her. She further claimed that she was treated like a maid by respondent, his mother and other family members and that she was subject to cruelty and taunted for dowry demand. The appellant averred that her allegations of respondent having illicit relations with his sister-in-law were true and correct, as they used to lock themselves in a separate bolted room for a long time and for this reason, the respondent left her at her parental home. The appellant contended in her written statement that respondent never took care of her emotional and physical needs and used her as per his wishes and her family members never interfered in their married life.