NEHA GARG Vs. SURYADEEP GARG

JUDGEMENT

(1.) Appellant-Smt. Neha Garg has preferred this appeal against the judgment dated 08.02.2019 pronounced in HMA Case No.118-A/2014, whereby the Presiding Officer in response to issue no.5 pertaining to maintainability of the case on the ground of territorial jurisdiction has held that there is no jurisdiction of Family Court at Ratlam to hear the matter and ordered return of the plaint for being instituted before the competent Court.

(2.) The original case was filed by appellant-Smt. Neha Garg under-Section 13(1)(1A) of Hindu Marriage Act, 1955 seeking dissolution of marriage with respondent and for Rs.25.00 lac as permanent alimony.

(3.) The admitted facts are that appellant-Smt. Neha Garg and respondent-Mr. Suryadeep Garg had got married on 02.12.2001 in New Delhi and from their union a son was born namely; "Arth" who is residing presently with his mother Smt. Neha Garg. The appellant-Smt.Neha Garg in her plaint had alleged that despite giving sufficient dowry by her father, the respondent and his family members were not satisfied, their behaviour with the appellant was not appropriate and the mother of appellant used to work in New Delhi and the respondents started making demands from her and due to such demands, the appellant also took up a job but her salary used to be usurped by the respondent, that her mother had given a flat to respondent to satisfy his greed, however, the aforesaid flat was given by her mother for the purpose of residing but the respondents wanted the same to be gifted to him and when the mother of appellant refused to do so, his acts of cruelty increased.