MANIKA TRIPATHY PANDEY Vs. S.C. PHOGAT

JUDGEMENT

(1.) Challenge in this appeal is to the judgment dated 24.10.2017 passed by the Family Court on a petition filed by the appellant herein under Section 13(1) (ia) and 13(2) (iii) of the Hindu Marriage Act, 1955 seeking dissolution of the marriage on the ground of cruelty.

(2.) Marriage between the parties was solemnized on 02.12.2001 according to Hindu rites and ceremonies at New Delhi. A male child was born out of their wedlock on 08.09.2005. It is the case of the appellant that since the beginning of her marriage, the respondent tortured her, did not give her money for household expenses, used to abuse her and her mother in filthy language in public and before the villagers and also used to beat her. Another ground which has been raised by the appellant is that whenever the respondent used to go to his office, he used to lock the outside gate and keep the appellant in confinement. Even post the birth of the child, the attitude of the respondent did not change. His torture increased when the child became 03 years of age. The appellant requested him to admit the child in a play school, which he refused and would often beat her. He did not even pay the fees of the child for Nursery and K.G. classes. Post the demise of her mother, the atrocities increased and it became impossible for her to reside with the respondent. In fact, on one occasion, the respondent even threatened to kill her son. It is further pleaded that the appellant was thrown out from her matrimonial house on 14.06.2013. Since then she has been living with her brother at Bijwasan. It has been averred that the appellant has been living a life of misery and the respondent had made her life hell.

(3.) The averments made in the petition were strongly refuted by the respondent, who claims to be a dutiful husband and also that he was looking after his wife and child. All acts of cruelty as claimed by the appellant have been strongly denied by the respondent.