DEEPALI JAIN Vs. VIKAS JAIN

JUDGEMENT

(1.) THIS appeal, preferred under Section 19 of Family Courts Act, 1984, is di­rected against the judgment and order dated 08-02-2008, passed by Judge. Family Court, Haridwar, in suit No. 143 of 2005, whereby petition under Section 13 of Hindu Marriage Act, 1955, by the appellant Deepali Jain for divorce, is dis­missed.

(2.) BRIEF facts of the case are that appellant- Deepali Jain, filed a petition under Section 13 of Hindu Marriage Act, 1955, against her husband Vikas Jain (respondent) for divorce It is pleaded in the divorce petition that the petitioner/appellant got married to the respondent at Haridwar on 21-11-1996, according to Hindu rites. Out of the wedlock, on 26-02-1998, a son named Kishu alias Samyak Jain was born (who is presently living with the petitioner/appellant). The allegations of the petitioner/appellant is that she was harassed by her husband and in-laws for non fulfillment of de­mand of dowry. It is further stated in the petition that she was mentally and physi­cally treated with cruelty so much so that she had to be admitted in the hos­pital. On her part, she made every ef­fort to live with the respondent but re­spondent used to assault her. Due to beating, the petitioner suffered paralysis. Ultimately, in March 2000, petitioner along with her son left house of the re­spondent and since then living with her parents. With the above pleadings, the divorce was sought by the petitioner/ap­pellant.

(3.) ON the basis of the pleadings of the parties, the trial court framed follow­ing issues :