AARTI W/O. KISHAN MEENA Vs. KISHAN @ ANIL

JUDGEMENT

(1.) This appeal under Sec. 19(1) of the Family Courts Act, 1984 (for short hereinafter referred as, 'Act of 1984') has been filed assailing the impugned judgment and decree dtd. 03/09/2020 passed in RCS/HM/47/2020 by Principal Judge, Family Court, Dhar, District Dhar (M.P.), whereby marriage between the appellant / wife and respondent / husband has been dissolved under Sec. 13(1)(i a) and 13(1)(i b) of the Hindu Marriage Act, 1955 (for short hereinafter referred as, 'Act of 1955').

(2.) It is undisputed that marriage between appellant and husband was solemnized on 09/05/2017 according to Hindu traditions and customs at Village Darjanpura, Tehsil Mhow, District Indore. It is also not in dispute that appellant / wife was proceeded ex parte on 14/07/2022 when she neither personally nor through her counsel marked her appearance before the learned Family Court even after service of notice through registered AD mode.

(3.) The case in brief is that after some time of solemnization of marriage, appellant / wife started misbehaving with respondent / husband, his mother and father. She was always threatening to implicate them in a false case of demand of dowry. She got terminated pregnancy without his consent and on her own will went to reside with her parents without any sufficient reason. For the first time, she lived only for 15 days in the matrimonial house and came back in October, 2017, but after 15-20 days she again left the matrimonial house despite refusal of the appellant. On 12/11/2017, the appellant / wife lodged a false FIR against the respondent / husband, his sister, mother and father on the ground of cruelty and demand of dowry at Police Station Sagaur. Respondent, his sister and parents have been acquitted by the Court concerned on 05/11/2019 from the false charges levelled against them. The appellant has deserted the respondent for more than three years and deprived him for cohabitation. On these grounds, petition for divorce under Sec. 13 of Act of 1955 was filed by the respondent / husband.