GIRJA Vs. AVINASH SINGH

JUDGEMENT

(1.) The instant first appeal under Sec. 19 of the Family Courts Act has been preferred by appellant (wife) challenging the judgment and decree dated 26th of July, 2023 passed by Principal Judge, Family Court, Bhind (MP) in Case No.156/2021 (HMA) whereby application filed by respondent (husband) under Sec. 13(1)(i-a) of Hindu Marriage Act [in short "HM Act"] seeking a decree of divorce on the ground of "cruelty" has been allowed.

(2.) It is not in dispute that marriage of appellant with respondent was solemnized on 9th of June, 2011 at Welcome Garden, Bhind Road, Gwalior as per Hindu rites and rituals.

(3.) The facts, in a nutshell, are that respondent submitted divorce application, inter alia, alleging that after marriage, as long as appellant stayed with him, efforts were made to keep her happy, all her wishes were fulfilled and she was never harassed, she was always willing to stay at her maternal home in Gwalior, due to which, no cohabitation took place. Appellant did not return from her maternal home even after conciliation held at Police Counselling Centre on 24/10/2017. It is further averred that he had filed an application for restitution of conjugal rights under Sec. 9 of HM Act in which, a decree was passed in his favour on 13/12/2019, but appellant did not turn up. Then, he filed an agreement for execution of decree, in which, the said agreement was rejected on 25/3/2021, as appellant is not living with him even after mediation proceedings. Appellant deliberately does not want to live with him without any valid reason, due to which, he was bound to file divorce application.