SMT. MONIKA GUPTA Vs. JITENDRA GANDHI

JUDGEMENT

(1.) Both the appeals arise out of common order of Principal Judge, Family Court, Jhansi dated 18.1.2016 passed in Case No.205 of 2011 filed by the appellant (Smt. Monika Gupta Vs. Jitendra Gandhi), under Section 13 of the Hindu Marriage Act and Case No.94 of 2011 (Jitendra Gandhi Vs. Smt. Monika Gupta), under Section 9 of the Hindu Marrigate Act.

(2.) Case No.205 of 2011 was filed by appellant, Smt. Monika Gupta against the defendant/respondent under Section 13 of the Hindu Marriage Act for annulling marriage on 15.4.2011 before the Principal Judge, Family Court, Jhansi. Case No.94 of 2011 was filed by respondent, Jitendra Gandhi under Section 9 of the Hindu Marriage Act for restitution of conjugal rights before the Court of Additional Senior Civil Judge at Gandhi Dham (Gujarat). The said case was transferred to the Court of Principal Judge, Family Court at Jhansi by orders of the Supreme Court of India dated, 23.4.2012 passed on Transfer Petition (C) No.166 of 2012. Both the cases were tried together by the Court below and was decided by common order.

(3.) Plaintiff/appellant filed Case No.205 of 2011 under Section 13 of the Hindu Marriage Act for annulling the marriage on the ground that she was married to the defendant/respondent on 12.12.2009 according to Hindu rites and custom at Dabra, District Gwalior (Madhya Pradesh). It was contended that when she was 7 years old, both her parents died, and she was brought up along with her two brothers by her maternal uncle and aunt (Mausa and mausi). It is they who had performed the ceremony of 'Kanyadan' and gave dowry as per their status. It was contended that after marriage, there was constant demand for dowry by the in-laws and appellant was not treated well. For three weeks, she stayed at her in-laws house and, thereafter came to her maternal home along with her brother and after living for 15 days, she again went back to her in-laws house from where her husband took her to Gandhi Dham, Gujarat.