RASHI Vs. VISHAL

JUDGEMENT

(1.) The subject matter of this first appeal under Sec. 19 of the Family Courts Act, 1984 (herein after referred to as the Act of 1984) preferred by the appellant - wife is judgment and decree dtd. 8/7/2014 passed in Hindu Marriage Case No.655 of 2010 by the learned Second Additional Principal Judge, Family Court, Indore (MP), whereby petition filed under Sec. 13 (1) (1-a) of the Hindu Marriage Act, 1955 (herein after referred to as the Act of 1955) by the respondent - husband has been allowed; and the marriage between the appellant - wife and respondent - husband has been dissolved.

(2.) It is not in dispute that marriage between the parties was solemnized on 14/12/2003 as per Hindu customs and rituals; and out of their wedlock, one son Aditya and daughter Anushka were born.

(3.) Case of the respondent - husband as mentioned in the divorce petition has been that his wife - appellant has been of irascible and quarrelsome disposition, habitually engaging in disputes and exhibiting a short-tempered nature, thereby disturbing the peace and harmony of the household. She has been in persistent habit of deferring and neglecting her duties as wife and thereby failed to perform her marital obligations. Despite advice from the elders, she is late riser from bed and abstained from discharging domestic obligations. She referred his parents derogatorily as Budha & Budhi (old man and old woman) and referred him as impotent.