MANDAKINI SHAH Vs. SUBRAT SINGH DHARAMWAL

JUDGEMENT

(1.) This appeal, preferred under Section 19 of the Family Courts Act, 1984, is directed against the judgment and order dated 30th of April, 2010, passed by Judge, Family Court, Nainital, in Suit No. 21 of 2006, and Civil Misc. Case No. 7 of 2007, whereby said Court has dismissed the petition filed by the wife under Section 13 of the Hindu Marriage Act, 1955. The Trial Court has further dismissed the application moved under Section 27 of said Act.

(2.) Heard learned Counsel for the appellant and perused the lower Court record. No one turned up on behalf of the respondent Subrat Singh Dharamwal, even after there being sufficient service on him.

(3.) Brief facts of the case are that appellant Mandakini Shah got married to respondent Subrat Singh Dharamwal on 2.12.2002, at Delhi, following Hindu rites. Their marriage was registered at Gurgaon on 12th of March, 2003. A son was born out of the wedlock on 2.3.2006 at Haldwani (parental place of the appellant). It appears that thereafter, relations between the parties to matrimony soured. The appellant appears to have got lodged first information report, registered as Crime No. 1233 of 2006, relating to offences punishable under Sections 498-A and 506 of I.P.C., against her husband. She also filed a petition for divorce under Section 13 of the Hindu Marriage Act, before the Judge, Family Court, Nainital, which was registered as Suit No. 21 of 2006. In said petition she pleaded that she was subjected to cruelty and harassment by her husband for non-fulfilment of demand of dowry. She has further pleaded that she was earning Rs. 1,40,000 per month as Air Hostess, and her husband used to snatch her earnings. It is also pleaded by the wife that she was ousted by her husband from his house and she was obstructed from extending her Visa for her stay at Dubai, and she was forced to come back to India to her parental place.