SHRUTI BHATNAGAR Vs. MAYANK BHATNAGAR

JUDGEMENT

(1.) Heard Shri Harsh Bhatnagar, learned counsel holding brief of Shri Ashok Shankar Bhatnagar, learned counsel for the appellant. Though served respondent for three years has absented here as also before the family court

(2.) This appeal, has been filed by the appellant to set aside the judgment dtd. 29/7/2019 passed by Principal Judge, Family Court, Ghaziabad in O.S. No. 158 of 2018 and allow the petition of the appellant under Sec. 13(1) (i-a) of Hindu Marriage Act, 1955.

(3.) The short brief facts as culled out from the record are that the appellant was married with respondent on 11/2/2012 by performing all the Hindu rituals. There is no dispute to this fact. Immediately after the wedding, the husband and his family members started harassing the appellant who was at the matrimonial home in Udaipur in the State of Rajasthan. The husband lost his job and therefore, started demanding money from the father of the appellant who showed his inability to pay a sum of Rs.20.00 lakhs. After this incident the husband and the family members started abusing and insulting the appellant, however, she tolerated all this so as to save her matrimony, during this period she conceived a child but because of the unhappiness and because her parents was unable to pay Rs.20.00 lakhs, she was forced to abort the child and the child aborted. Looking to this unhappy incident, the father of the appellant paid a sum of Rs.10.00 lakhs. The husband after procuring the money from the appellant he was in debt and was running here and there. The appellant herein gave birth to a female child which infuriated the respondent more than what he was before the incident. He was indebted to people to the tune of Rs.40.00 lakhs, his cruelty day and day out had started physically assaulting her. The appellant's father who lived in a rented house in Ghaziabad and therefore in the year 2017 when she was driven out of the house and when the husband went away and absconded, she was also thrown out of the house with her daughter. All this was tolerated by the wife and much later in the year 2018 she filed the suit for divorce which was conducted ex-parte. The judgement spells out in: