PARVATI SURYAVANSHI Vs. OMPRAKASH SURYAVANSHI

JUDGEMENT

(1.) Appellant has filed this first appeal under Sec. 19 of the Family Courts Act, 1984 challenging judgment and decree dtd. 13/5/2022 passed by Principal Judge, Family Court, Chhindwara (MP) in HM Case No.260/2019.

(2.) By impugned judgment and decree, petition filed by appellant under Sec. 13(1)(ia)(ib) of the Hindu Marriage Act, 1955 was dismissed.

(3.) Learned counsel appearing for appellant submitted that marriage between appellant and respondent was solemnized on 24/5/2022 in accordance with Hindu rites and rituals at Chhindwara. From wedlock two daughters were born namely Shrishti and Divyani. They are in custody of husband. Appellant filed divorce petition on ground of cruelty and desertion. Respondent demanded dowry and harassed her. She was tortured and beaten up and character assassination was also made. She was forcibly sent to her parents house along with respondent's nephew. Husband used to drink liquor and assault her. It is submitted that judgment and decree dtd. 13/5/2022 suffers from infirmity and is erroneous in law and contrary to facts. Trial Court ignored the fact that respondent's family members were demanding dowry and respondent assaulted her. Respondent drove appellant out of house in year 2009 and thereafter in 2016. She also filed case for maintenance but same was withdrawn considering future of daughters. Trial Court had ignored the pleadings and evidence available on record, therefore, judgment and decree passed by trial Court may be set aside and decree of divorce may be granted.