SWATI PATEL Vs. CHANDRABHAN PATEL

JUDGEMENT

(1.) The instant appeal is filed by appellant-wife under Sec. 19 of the Family Courts Act read with Sec. 96 of the CPC against judgment and decree dtd. 05/10/2024 passed by Principal Judge, Family Court District Datia in Case No. 173/2022 (HMA) whereby an application filed by respondent-husband seeking a decree of divorce under Sec. 13(1)(i-a) of HM Act on the ground of ''cruelty'' has been allowed.

(2.) It is not in dispute that appellant and respondent are husband wife and they entered into the wedlock on 9/2/2020 by performing all the customs and ritual which are essential to perform a Hindu marriage.

(3.) In brief the facts giving rise to present appeal are that respondenthusband filed a divorce petition in the Family Court Datia on the ground of cruelty and pleaded that on the very next day of marriage the appellant-wife told her husband that she has been forced to perform this marriage against her will and she refused to cohabit with respondenthusband and their marriage could not have been consumed. Further, it has been alleged in the divorce petition that the appellant-wife expressed her will to study further and in turn her in-laws said that they will get the admission of her in Scindhia Kanya Vidyalay in B.A. Ist year situated in Bhander, but the appellant-wife wants to study further only in Gwalior, upon which in-laws of the appellant-wife expressed their inability looking to their poor financial condition, then appellant-wife got angry and threatened them to implicate in false allegations and left her matrimonial home. It was further alleged in the divorce petition that the appellant-wife returned after 15 days to her matrimonial home and demanded Rs.Thirty Thousand for the purpose of depositing fees of B.A. Ist year in Gwalior. When her in-laws refused to give her money then appellant-wife took all her ornaments along with her and left her matrimonial home and started living at her parental house.