NIDHI TRIPATHI Vs. SUSHIL TRIPATHI

JUDGEMENT

(1.) Heard Ms. Usha Devi Singh, learned counsel for appellant and Sri Jayant Kumar, learned counsel for respondent.

(2.) The appellant has felt aggrieved by dismissal of Suit no. 1105 of 2008 filed under Sec. 13 of Hindu Marriage Act, 1956 vide impugned judgment dated 07.02.2013 passed by Principal Judge, Family Court, Kanpur.

(3.) Brief facts are that marriage of appellant was solemnized on 22.12.1992 with the respondent and it was solemnized in Arya Samaj Temple in Govind Nagar at Kanpur. Both had been in deep love of each other. The appellant married the respondent despite opposition of her family members. At the time of marriage the family of appellant gave about one and half lacs rupees to family members of respondent. The appellant went to matrimonial home of respondent and out of married life they had two children. The family members of respondent were pressuring the appellant to pressure family members to see that respondent undertook some vocation and earn money. The appellant time and again requested the respondent to start some business but whenever she would say this the respondent would beat her and would torture her. On 03.03.1995 daughter Diksha was born. Because the appellant had given birth to a daughter, she was ill treated by respondent and time and again she was subjected to harassment. The family members of appellant wanted Rs. Five Lac so that respondent could start his shop in Kanpur Nagar. However the respondent took away all the jewellery of appellant. The respondent pressurized the appellant for Rs. Five Lac once again from parents so that he could do some business. Since 2005 when she became very sick, her father took her to the parental home with her children and she was there till October. During her illness neither respondent nor his family members ever came to take care of her nor send any money for her treatment and even refused to pay for expenses of child and therefore appellant filed the said petition to seek divorce on the ground of cruelty.