MAMTA Vs. MANOJ KUMAR

JUDGEMENT

(1.) This is a wife's appeal under Sec. 19 of the Family Courts Act, 1984 against the judgment and decree dtd. 11/4/2013 passed by the Principal Judge, Family Court, Dehradun in Case No. 28 of 2008, whereby the suit filed by the husband/respondent under Sec. 13 of the Hindu Marriage Act, 1955 has been decreed.

(2.) Brief facts of the case are that the marriage of the appellant and the respondent was solemnized on 4/7/2005 in Dehradun as per Hindu rites and ceremonies. Thereafter there occurred a matrimonial discord between the two. Although out of the wedlock, they have a child who is presently about 14 years of age and is presently living with his mother i.e. the present appellant before this Court.

(3.) Be that as it may, a suit for dissolution of marriage under Sec. 13 of the Hindu Marriage Act, 1955 was filed by the husband/respondent before the Family Court at Dehradun primarily on the ground of cruelty. The cruelty as alleged by the respondent/husband was that his wife is a patient of acute depression and in that state she on different dates had tried to commit suicide. It has been said by the husband/respondent that a false complaint was also lodged by the appellant before the police alleging that she was beaten up and tortured at the hands of the plaintiff/husband and since 28/11/2007 his wife is staying separately at Dehradun. It has also come in evidence before the court below that the appellant/defendant had also filed a criminal case against the respondent/husband on 6/2/2008 at Police Station in Ambala under Ss. 406, 498A, 323, 504 and 506 of IPC.