LAWS(DLH)-2023-9-150

ANITA Vs. AMIT BHARDWAJ

Decided On September 15, 2023
ANITA Appellant
V/S
Amit Bhardwaj Respondents

JUDGEMENT

(1.) An appeal under Sec. 19 of the Family Courts Act, 1984 has been filed by the appellant/ wife against the judgment dtd. 18/1/2019 granting divorce under Sec. 13 (1)(ia) of the Hindu Marriage Act, 1955.

(2.) The parties got married on 24/11/2012 according to Hindu customs and rites at Palwal, Haryana and no child was born from the wedlock. According to the respondent/ husband, there was no dowry demand made either before or after the marriage. After the solemnization of marriage, the appellant came to reside with the respondent and his parents, while his elder brothers were living separately. The respondent has submitted that after one month of marriage in December, 2012 the appellant claimed that she cannot do the household work including cooking, washing clothes, sweeping and cleaning and was also unable to take care of the parents of the respondent. She also insisted on having a separate residence, but the respondent was not willing to separate from his parents. All efforts by respondent and his parents to make the appellant understand, did not succeed.

(3.) The parents and relatives of the appellant were also called in January, 2013, but instead of trying to make the appellant understand, they took her side. They also laid a condition that the parents of the respondent should provide separate residence to the appellant and the respondent to ensure that they can live peacefully. When the respondent and his parents refused to do so, they threatened to implicate them in a false dowry case. In February, 2013 again the appellant threatened the mother-in-law and told that she would not do the household work. The respondent apprehensive of any allegations that may be made against him, made a complaint to the higher authorities of Police in May, 2013, though no action was taken.