MEENU RAJVANSHI Vs. BRIJESH

JUDGEMENT

(1.) This first appeal under Sec. 19 (1) of the Family Court Act, 1986 has been filed against the order dtd. 20/2/2025 passed by the learned Additional Principal Judge 6, Family Court, Lucknow in Original Case No. 2977 of 2014 (Smt. Meenu Rajvanshi Vs. Brijesh) filed under Sec. 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act 1955), whereby the learned Family Court has allowed the amendment application filed by the respondent.

(2.) Brief facts of the case as per appellant are that on 1/5/2011 marriage of the appellant was performed with respondent according to the Hindu Rites and Rituals at Lucknow. The appellant went to the house of her husband and performed her marital obligations but they demanded a car and cash as dowry, therefore, under the pressure of demand of dowry and other compelling circumstances, on 31/12/2012 the appellant left the house of the respondent. On 18/4/2023, the appellant lodged F.I.R. against the respondent and his family members on 18/4/2013 bearing Case Crime No. 171 of 2013 under Ss. 498-A, 504, 506 I.P.C. and Sec. 3/4 of the D.P. Act, Police Station- Madiyaon, District- Lucknow. After investigation, charge sheet was filed and the court concerned took cognizance in the matter on 23/12/2013.

(3.) Since both the parties were living separately for more than one year, therefore, the appellant filed a suit for divorce on 5/11/2014 bearing Original Case No. 2977 of 2014 (Smt. Meenu Rajvanshi Vs.Brijesh) under Sec. 13 of the Hindu Marriage Act. In the said suit by adopting the delaying tactics, the respondent filed various types of applications and in furtherance thereof he filed an application for summoning the witnesses- Deepak Kumar Rajvanshi, Jyoti Rajvanshi and Smt. Pooja Raj, which was rejected by the Family Court on 29/8/2023. Thereafter respondent has also filed an application for summoning the witnesses- Smt. Pooja and Smt. Parul, which too was rejected by the Family Court on 16/5/2024 and 23/8/2024 respectively.