JAISHREE Vs. ARJUN SINGH

JUDGEMENT

(1.) This appeal, preferred under Section 19 of the Family Courts Act, 1984 read with Section 28 of the Hindu Marriage Act, 1955, is directed against the judgment and order dated 07.06.2010, passed by Principal Judge, Family Court, Dehradun, in Suit No. 488 of 2006, whereby said court has allowed the petition under Section 13 of the Hindu Marriage Act, 1955, moved by the Respondent (husband), and granted the decree of divorce.

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

(3.) Brief facts of the case are that Appellant Jaishree got married to Respondent Arjun Singh on 20th of June 2005, following Hindu rites, at Dehradun. Out of the wedlock a female child was born on 27.03.2006. The Respondent is a teacher. He filed a petition under Section 13 of the Hindu Marriage Act, 1955, alleging that the Appellant treated him with cruelty. It is pleaded in the petition that the Appellant (wife) left Respondent's house after 20 days of marriage and did not join the company of her husband, even after being persuaded time and again. It is also pleaded in the petition that the Respondent kept on going to the parental house of the Appellant to persuade her to come to his house, but on one pretext or the other, she avoided it and humiliated him. It is also pleaded that she made unreasonable demands and put unreasonable conditions to come back to her husband's house, and the Respondent made efforts even to fulfill those demands and the conditions, but to no avail. As to the specific incident of cruelty it is stated in the petition that on 06.10.2006, the Appellant along with her sisters and other relatives, including her father, came to the house of the Respondent. They took whatever belongings (of the Appellant) were left in the house of the Respondent, and Appellant assaulted the Respondent with CHAPPALS. It is also pleaded that the Respondent got himself medically examined and also filed criminal complaint in the matter. With these pleadings, the Respondent sought decree of divorce.