SHIKHA TAMRAKAAR Vs. ROHIT KUMAR TAMRAKAAR

JUDGEMENT

(1.) The appellant (wife) has preferred the present First Appeal against the judgment and decree dated 20.8.2008 passed by the Principal Judge, Family Court, Bhopal in RCC No.226-A/2007 whereby a decree of divorce was passed in favour of the respondent (husband).

(2.) The facts of the case in short are that the respondent/husband has moved a petition under Section 13 of the Hindu Marriage Act to get a decree of divorce in his favour on the basis of ground of cruelty and desertion for more than two years. It was pleaded that the marriage of the respondent and the appellant took place on 29.4.2004 but soon after the marriage the appellant started misbehaving with the respondent and his parents. She wanted to live separately. In the month of August the appellant went to her parents house at Sironj on the occasion of Raksha Bandhan. Again when she came back she started quarreling with the respondent and his family members. She was not ready to prepare meals etc. She was consuming time by talking on phone and mobile with her family members and unknown persons and when she was prohibited to do so, her behavior was quarrelsome with the parents of the respondent. She was often giving a threat that she would get the parents of the respondent in police custody in a case of dowry cruelty. She gave threat for 2-3 times that either she would consume poison or she would commit suicide by burning. On 3.2.2005 she tried to pour kerosene upon her and to commit suicide. Under such circumstances, the respondent started living with the appellant in a separate house which was taken on rent. The appellant and her relatives publicized a wrong fact against the father of the respondent that he tried to commit rape upon the appellant. On 4.3.2005 the appellant went to Sironj with her brother and thereafter, she did not come back and deserted the respondent therefore, it was prayed that the decree of divorce may be passed.

(3.) In reply the appellant denied all the allegations made in the petition. On the contrary she alleged that a demand of Rs.5 lakhs and a motor cycle was made by the respondent and his parents. Since the respondent had started a business and from the income of that business it was not possible for the respondent to live with his parents and therefore, respondent himself arranged a separate residence for the respondent and appellant. The respondent also directed the appellant to fulfill the conditions of his parents. The appellant resided with the respondent up to 27.4.2007 and thereafter, she was forced to leave the house due to assault upon her by the respondent and therefore, on 27.4.2007 she went to Sironj with her minor child and thereafter, she had lodged an FIR at Mahila Police Station, Bhopal. She tried to cooperate with the respondent and his parents but, due to cruelty of the respondent and his parents she could not live with the respondent and therefore, it was prayed that the petition may be dismissed with exemplary cost of Rs.25,000/-.