MANISHA SHARMA Vs. MUKESH KUMAR SHARMA

JUDGEMENT

(1.) This appeal preferred under Section 19 of Family Courts Act, 1984 is directed against the judgment and order dated 22.11.2010, passed by the Principal Judge, Family Court, Pauri Garhwal in Matrimonial Suit 10/2008, whereby said court has granted decree of divorce on the petition filed by the husband (present Respondent) under Section 13 of Hindu Marriage Act, 1955.

(2.) Heard learned Counsel for the parties and perused the lower court record.

(3.) Brief facts of the case are that Appellant Manisha Sharma got married to Respondent Mukesh Kumar Sharma on 15.11.2002 following the Hindu rites in Kotdwar, District Pauri Garhwal. Out of the wedlock, one son (named Master Sujal Sharma @ Shubham) born after about two and half years of marriage. However, in the year 2006, relations between the parties to matrimony soured and Appellant (wife) left the house of her husband and started living separately in her parental house. It is pleaded by the husband in the petition filed under Section 13 of Hindu Marriage Act, 1955 that he was treated with cruelty by the Appellant. It is alleged that the Appellant (wife) used to quarrel with the husband unnecessarily, and misbehaved not only with the husband but also with his parents. It is also alleged that wife used to leave her husbands house without notice to him due to which he had to report to the police about her conduct. It is also mentioned in the petition that since 25.11.2206, the parties to the matrimony are separately living and they were involved in litigation in Criminal Miscellaneous Application No. 85 of 2006, after the wife filed application for maintenance under Section 125 CrPC. It is mentioned in the petition that a compromise was entered in the said proceedings in terms of which the husband was directed to pay Rs. 1700/- per month as maintenance to his wife. With these pleadings, decree of divorce was sought on the ground of cruelty.