PAYAL SETHI Vs. SH. ROHIT SETHI

JUDGEMENT

(1.) An Appeal under Sec. 19 of Family Court Act, 1984 read with Sec. 28 of the Hindu Marriage Act, 1955, (hereinafter referred to as "HMA, 1955") has been filed on behalf of the appellant/wife (Respondent in the Divorce Petition) against the Judgment dtd. 8/12/2021 of the learned Addl. Principal Judge, Family Court, granting divorce on the ground of cruelty in a petition filed by the respondent/husband (Petitioner in the Divorce Petition) under Ss. 13(1)(ia) of HMA, 1955.

(2.) The facts in brief as narrated in the pleadings before the learned Addl. Principal Judge, Family Court are that the parties had a dowry less marriage on 8/3/2007, according to Hindu customs and rites. One daughter was born from their wedlock on 12/11/2007.

(3.) The respondent had asserted that barely after four months of the marriage, in July, 2007 the appellant deserted the matrimonial home. She filed a false criminal complaint alleging not only that a huge dowry was given but also that exorbitant demands were being made by the parents of the respondent. However, she subsequently went to the Police Station and gave a statement in favour of the respondent. Her uncle Shri Rakesh Pankaj also filed a false criminal case under Sec. 379 IPC for theft of the car in which the respondent had to seek anticipatory bail.