SMT. NEELAM DEVI Vs. VIKAS SINGH

JUDGEMENT

(1.) This first appeal has been filed by defendant appellant under Section 19 of Family Courts Act, 1984 (hereinafter referred as Act, 1984) against the judgment and decree dated 25.3.2017 passed by Principal Judge, Family Court, Hapur in Case No. 487 of 2011 (Vikas Singh Vs. Smt. Neelam Devi) filed under Section 13 of Hindu Marriage Act, 1955 (hereinafter referred as Act, 1955), by which the divorce suit filed by plaintiff respondent was decreed.

(2.) The divorce petition was filed by respondent husband with the allegation that his marriage was solemnized with the defendant appellant on 20.6.2002 in accordance with Hindu rituals without dowry at village Nayazpur Khaiya, Pargana and Tehsile Garh Mukteshwer, Ghaziabad, the parental house of the defendant appellant. After marriage the plaintiff respondent brought defendant appellant to his house at Garh Road, Kuvesher Chaupla, Pargana and Tehsile Hapur, Ghaziabad. He performed his obligations of being a husband and led a happy married life and fulfilled all genuine demand of his wife according to his status. Their daughter namely Km. Lavi was born on 1.1.2004. It is alleged that after two years of marriage the relationship of the parties strained and defendant started creating trouble asking to live separately with the family. It is further alleged that the defendant wife was not ready to do household chores and had starting quarreling with the plaintiff husband. It is further alleged that she started frequently visiting her parental house without plaintiff's permission. Apart from this she regularly talked on telephone to some unknown person and on being queried she used to quarrel. On 27.3.2010 when plaintiff was out of his house, the defendant was talking on telephone to some unknown person and on reaching home the plaintiff inquired with whom she was talking to, the defendant annoyingly threatened to murder him. On the very same day her father and brother came to the plaintiff's house to beat him and his mother. The father and brother took the defendant wife and Km. Lavi to her maternal home and while leaving removed Rs. 60,000/- and 20 'tola' gold from plaintiff's house. It is further submitted that the wife had not performed her matrimonial obligations for last 6 years. It is further alleged that the wife had lodged a false case which was registered as Case Crime 23 of 2010 in Mahila Thana, Meerut which was subsequently withdrawn on the intervention of respected people and relatives. parties agreed to pursue divorce by mutual consent. Divorce petition was filed under Section 13 B of Act, 1955 on 9.4.2010 which was registered as Case No. 176 of 2010 but the same was subsequently withdrawn on 16.8.2011 on the application filed by the defendant appellant. When the defendant appellant refused to live together, under compelling circumstances the present divorce petition was filed seeking divorce on the ground of cruelty.

(3.) The defendant appellant on being notice had contested the divorce petition by filing written statement denying the allegations of the divorce petition. It was stated that her father had spent Rs.15 lakhs and had provided all house hold articles at the time of marriage but the family of husband were not happy with the dowry furthermore they demanded a car and Rs. 2 lakhs cash. This illegal demand of dowry was not fulfilled by her father and as such the family members of husband had started abusing and harassing the appellant defendant. It is further alleged that the husband had an illicit relation with a married woman of the locality and was leading an adulterous life. When the illegal demand of dowry was not fulfilled she was beaten by the husband and his family members and was thrown out of the house along with her daughter Km. Lavi on 27.3.2010. She lodged a first information report in Mahila Thana which was registered as Case Crime No. 23 of 2010 under Sections 498A, 323 I.P.C and 3/4 Dowry Act. A meeting was held at the residence of brother in law (Jija) of the plaintiff husband at Hapur on 4.4.2010 in absence of defendant and the plaintiff husband had refused to keep the defendant as his wife. He asked for the divorce and was ready to pay Rs.8 lakhs to the defendant as permanent alimony and Rs.12 lakhs for maintenance of Km. Lavi. On the pressure of father and other family members the criminal case was withdrawn by her. A divorce petition was filed under Section 13B of Act, 1955 on 9.4.2010 which was registered as Case No. 176 of 2010, but even after filing of divorce petition earlier filed with mutual consent the plaintiff respondent neither paid agreed amount to the defendant appellant nor deposited the amount in the name of Km. Lavi and as such divorce petition earlier filed with mutual consent was withdrawn subsequently on her application on 16.8.2011. It is also pleaded that she never deserted the plaintiff respondent but the plaintiff respondent himself had deserted her for such a long period without any sufficient reason and is not ready to keep her as his wife. The allegations alleged in the plaint regarding cruelty was specifically denied and it was stated that she was always ready and is still ready to live with the plaintiff respondent and prayed that the divorce suit filed by plaintiff respondent is liable to be dismissed.