(1.) This is an appeal under Section 19 of the Family Court Act, 1984 against the order of the Principal Judge, Family Court, Jhansi dated 28.8.2009, by which an application under Section 13(1)(a) of the Hindu Marriage Act (hereinafter referred to as the "Act") for divorce filed by the appellant has been rejected.
(2.) The brief facts, of the present appeal, are that the appellant is a Medical Degree Holder, married with Sri Vijay Mehrotra on 25.2.2007 as per Hindu rituals. The divorce petition has been filed on the ground that the respondent demanded a sum of Rs.5,00,000/- and on 4.10.2008, the respondent and his mother beaten her at the residence of her parents and has threatened her that she may be allowed to live with them only if she would bring Rs.5,00,000/-. The Family Court has not disputed the plea taken by the appellant, but has inferred that such coercive step does not fall within purview of cruelty and on this basis it cannot be inferred that both the parties cannot live together and accordingly dismissed the petition.
(3.) Learned counsel for the appellant submitted that since 2008, she is living with her parents and not with the respondent. The relationship between the appellant and the respondent has reached to that stage where it is not possible to live together. Separation has created an unbridgeable distance between the two and virtually an irretrievable break-down of the marriage. He submitted that notices were sent to the respondent by ordinary post as well as by registered post and when respondent could not put appearance; by the order of the Court, a publication in the newspaper was made. The respondent has not put in appearance nor any counter affidavit has been filed. It also shows that the respondent is not interested to contest the matter and, therefore, it would be appropriate that the petition under Section 13(1)(a) of the Act be allowed.