EKTA NIGAM Vs. SHEKHAR NIGAM

JUDGEMENT

(1.) This First Appeal under Sec. 19 of the Family Courts Act arises out of a common judgment and decree of divorce passed by the Family Court, Jabalpur on 6/1/2017 in Civil Suit No. 273A/2013 (suit originally instituted at Bangalore and later on transferred to Jabalpur), whereby trial court decreed the suit filed by the respondent No.1/husband, Shekhar Nigam (hereinafter "the respondent") for dissolution of marriage under Sec. 13 of the Hindu Marriage Act, 1955 on the grounds of cruelty and adultery and dismissed C.S. No.156A/2013 filed by the appellant/wife for restitution of conjugal rights.

(2.) The brief facts of the case are that the marriage between the appellant/wife and the respondent/husband was solemnized on 20/11/2009 according to Hindu rites and ritual at Jabalpur and after marriage appellant went to reside at her husband's house, and out of the wedlock a son, Arnav, was born on 24/11/2010. The parties started residing separately from 8/4/2012, and thereafter the respondent filed a civil suit for divorce on 13/6/2012 at Bengaluru on the ground of cruelty and adultery with respondent No.2 under Ss. 13(1)(ia) and 13(1)(i) of the Hindu Marriage Act, 1955, which was subsequently transferred to Jabalpur and registered as Civil Suit No. 273A/2013. During the pendency of the civil suit for divorce, the appellant initiated multiple proceedings including an FIR under Sec. 498A of the Indian Penal Code and Sec. 4 of the Dowry Prohibition Act, application under Sec. 125 of the Code of Criminal Procedure, an application under Sec. 9 of the Hindu Marriage Act for restitution of conjugal rights, and proceedings under the Protection of Women from Domestic Violence Act, 2005.

(3.) By judgment and decree dtd. 6/1/2017 passed in Civil Suit No. 273A/2013, the Family Court dissolved the marriage between the parties on the grounds of cruelty and adultery under Sec. 13(1)(ia) and 13(1)(i) of the Hindu Marriage Act, awarded maintenance of Rs.5,000.00 per month for the minor son and granted a sum of Rs.3,00,000.00 as stridhan to the appellantwife. Being aggrieved by the same, appellant has preferred the present first appeal challenging the findings on adultery and cruelty, as well as the quantum of stridhan.