BRAJESH PRABHAKAR Vs. SHASHILATA AHIRWAR

JUDGEMENT

(1.) Being dissatisfied with the judgment and decree dtd. 20/1/2023 passed by Principal Judge, Family Court, Gwalior in RCSHM No. 10298 of 2017 dismissing the divorce application filed by appellant under Sec. 13(1) (i)(1-a) (1-b) of Hindu Marriage Act, the instant first appeal has been preferred under Sec. 28 of the Family Courts Act.

(2.) It is not in dispute that marriage of appellant with respondent was solemnized on 18th of June, 2006 in Gwalior according to Hindu rites and rituals and out of their wedlock, a son, namely, Aditya was born on 29th of June, 2007. Respondent is residing separately from the appellant along with her son.

(3.) In a narrow compass, necessary facts for disposal of this instant appeal in short are that by way of filing divorce application before the Family Court, it was averred by appellant-husband that his marriage was solemnized with respondent without any dowry and his parents had gifted gold and silver ornaments to respondent in their marriage. He had taken respondent to Kullu Manali for honeymoon where respondent without establishing conjugal relations with him, stated that she did not want to marry him and her parents got her married against her will. Upon much persuasion, respondent barely engaged in physical relations with him on two occasions. At the time of marriage, he was working as a Professor in MITS College, Gwalior and respondent was working as a Field Officer at Tribunal Finance Development Corporation, Chhindwara. Respondent did not want to come to Gwalior from Chhindwara due to personal reasons. After many efforts, her transfer from Chhindwara to Datia took place in March, 2007.