RICHA Vs. PRADHUMAN

JUDGEMENT

(1.) Present appeal under Sec. 19 of Family Court Act 1984 read with Sec. 28 of Hindu Marriage Act 1955 (hereinafter referred as "Act 1955") is preferred at the instance of defendant / wife being aggrieved by the judgment dtd. 6/9/2017 passed by Principal Judge, Family Court, Guna whereby application of husband under Sec. 13 of Act 1955 is allowed. The said application is allowed on the point of mental cruelty and therefore, marriage is ordered to be dissolved accordingly.

(2.) Precisely stated facts of the case are that on 1/5/2014, appellant / wife and respondent / husband got married according to Hindu rites and rituals at Guna. After marriage, appellant wanted to continue her education and to appear in competitive examinations, she joined coaching classes. Respondent is a teacher in Government School and as per allegations, after leaving for his school, appellant's wife used to move around outside their house and whenever interrupted, she raised ruckus and commotion. On 3/12/2014, she fell ill, therefore, taken to District Hospital Guna where she admitted till 7/12/2014. When she did not recover then she was taken to a private hospital where respondent came to know that appellant used to visit hospital earlier also and she suffered abortion two months back.

(3.) This was the fact which was not in the knowledge of respondent and when inquired, then she quarreled with appellant and ultimately on 24/2/2015, she left her matrimonial home for maternal house. When she did not turn back, then on 13/4/2016, respondent filed an application for divorce against the appellant / defendant on the ground under Sec. 13 (1)(i) and (i)(a) of the Act 1955. Appellant contested the case by filing written statement and denied the allegations. She showed willingness to reside together.