MAMTA BHARDWAJ Vs. MADHUSUDAN BHARDWAJ

JUDGEMENT

(1.) This order shall dispose of this first appeal preferred by the appellant-Mamta Bhardwaj (wife) against her husband-Madhusudan Bhardwaj assailing the order passed by the Family Court under Section 19(1) of the Family Court Act whereby, the Principal Judge of the Family Court, Gwalior in Case No. 117A/07 under Hindu Marriage Act filed by the respondent-Madhusudan Bhardwaj (hereinafter referred to as the "husband"), seeking dissolution of his marriage with the appellant decreed the same in favour of the respondent-husband and passed a decree dated 28th June 2013 dissolving the marriage between the parties by means of a decree of divorce.

(2.) According to the appellant, the judgment of the lower Court is not sustainable for the reasons that the appellant has failed to prove allegations on merit. His witnesses have not supported his case. There are number of contradictions in their statement. The main allegation made against his sister having illicit relationship with the respondent has also not been proved. It is further submitted, that it has been brought on record by the appellant in her evidence that it was the respondent and his family members who were treating the appellant with cruelty and in fact the case under Section 498-A of IPC was also registered against him because there was substance in the allegations made against the respondent and his family members. It is further submitted that even the order of maintenance passed under Section 125 of Cr.P.C. has not been complied with.

(3.) According to her the main controversy arose between the parties only because she could not give birth to a child. It is however the matter on record that the first petition for divorce was filed by the respondent against the appellant just after six months of the marriage, of course it was dismissed as pre-mature. The allegations of the respondent have been taken note of by the lower Court in the impugned judgment in para 2 as follows:-