PINKY Vs. ANAND KUMAR

JUDGEMENT

(1.) This is a wife's appeal whereby, she has questioned the veracity of the order dated 08.11.2016, as a consequence of which the Principal Judge, Family Court, while dealing with Miscellaneous Case No.20 of 2015, "Smt. Pinky vs. Anand Kumar," wherein she has sought a relief that the judgment dated 05.05.2015 decreeing the suit may be recalled and the application filed by her under Order 9 Rule 13, which was supported by Section 5 application may be allowed and the principal proceedings after setting aside the judgment dated 05.05.2015 may be heard afresh.

(2.) Brief facts of the case are that respondent herein is the husband, who had instituted a suit being O.S. No.371 of 2014, wherein he had sought a prayer for dissolution of the marriage which was solemnized between the appellant and respondent as per Hindu rites and culture on 06.02.2006.

(3.) It was the case of the applicant before the Court below that as a consequence of the wedlock, two daughters Km. Kanikaand and Km. Palak were born, who are under the guardianship and welfare of their mother i.e. the appellant (Pinky). She contended in the proceedings before the Court below that some acrimony arose between the appellant and the respondent, and the respondent being outraged, he assaulted the applicant and demanded dowry and threatened her with grevious consequences, when illegal demands were not satisfied, to seek an appropriate relief and to overcome the cruel behaviour of the respondent, appellant had to have a recourse to the domestic violence proceedings which is pending before ACJM- 9th Meerut, the proceedings were drawn at Meerut on account of the fact that due to the cruelty being exercised by the respondent, she was forced to leave the husband's house and started residing with her parents at Meerut.