SEEMA Vs. RAJESH DUA

JUDGEMENT

(1.) Being aggrieved from the impugned judgment and decree dated 23.12.2005 passed by the Principal Judge, Family Court, Gwalior in case No.142-A/2003 filed under Section 13 of the Hindu Marriage Act on 14.07.2003, this first appeal has been preferred by appellant/non-applicant Smt. Seema under Section 19 of the Family Courts Act, 1984 on 20.01.2006. whereby the learned Principal Judge, Family Court has passed the decree of divorce in favour of respondent/husband Rajesh Dua against appellant/wife Smt. Seema.

(2.) It is an admitted fact that the marriage of Rajesh and Seema was solemnized on 19.05.2001 in accordance with the Hindu customary rites and ceremonies of the parties.

(3.) In trial Court Civil Suit No.142A/2003 was filed under Section 13 of the Hindu Marriage Act, 1955 by applicant/respondent Rajesh Dua against nonapplicant/appellant for the relief of divorce on 14.07.2003. In brief the facts of the case before the trial Court were that the marriage of applicant/respondent Rajesh Dua was solemnized on 19.05.2001 with non-applicant/appellant Smt. Seema at Gwalior in accordance with Hindu customary rites. From the very beginning her behaviour towards the applicant, his parents and with other members of the family was not cordial. She always used to misbehave with all the members. Just after three months from the date of marriage she went to her parental house and till today she did not return. It was also pleaded that whenever applicant telephonically asked her to come back, she bluntly refused. She has deserted the applicant. The nonapplicant never performed her conjugal duties. She is a modern lady. She used to tell that she was not ready for this marriage even then marriage was solemnized against her will. She always used to go at the house of her Jijaji Gulshan Gulati and similarly Gulshan Gulati also used to come to meet with nonapplicant Seema. It was noticed by applicant that the nonapplicant was indulging in an indecent manner and found her in a compromising position with Jija Gulshan Gulati. Her character was not good. She always told that she has many boyfriends and girlfriends and they also do not believe in character. Whenever objection was raised, she threatened the respondent and his family members to implicate them in criminal prosecution in regard to demand of dowry and to send them in Jail. On 05.06.2001 when Gajendra Singh and Jagram friends of the non-applicant came to his house then instead of behaving respectfully, she refused to prepare tea and they were ill-treated by her. Due to all these reasons, it is not reasonably possible for him to live with her. In this way, this petition was filed for divorce on the ground mentioned under Section 13(1)(ia) of the Hindu Marriage Act, 1955.