RICHA Vs. ANKUSH AGRAWAL

JUDGEMENT

(1.) This first appeal under Sec. 19 of the Family Courts Act, 1984 read with Sec. 28 of the Hindu Marriage Act, 1955 has been preferred by the wife being aggrieved by the judgment and decree dtd. 21/2/2023 in HMA Case No.2451/2021 by 2nd Additional Principal Judge, Family Court, Indore whereby the petition of wife/appellant for decree of divorce on the ground mentioned in Sec. 13(1)(ia) and (1b) of the Hindu Marriage Act, 1955 has been dismissed.

(2.) Facts in brief are that appellant/wife was married to respondent/husband on 8/12/2009 as per Hindu customary rites and ceremonies including Saptpadi. On 9/3/2012 a son was born to the appellant and respondent/husband whose custody is with the appellant/wife and he is studying. Petitioner/appellant is post graduate in science stream but she was living a life of house wife in her matrimonial home. During her stay in the matrimonial home, respondent/husband obtained her signature without disclosing the full particulars of the contents of the documents and also got signature in the bank also and being a wife she does not question of the act of obtaining her signature by the husband. Thereafter appellant/petitioner came to know that respondent/husband has started a firm in the title of Olive Apparels at 706, Metro Tower, Near Mangal City, A.B Road, Indore and at 13, Navlakha, Kousalya Complex, Indore and misused the signature of the petitioner/wife. Respondent/husband never intimated the appellant/petitioner regarding Olive Apparels and made several transactions and issued bogus/forged cheque and committed economic irregularities and disappeared without any intimation on 30/7/2019. His whereabouts are not known despite continuous efforts. The missing report was also lodged by his father. Missing intimation has been published in the newspaper but respondent/husband did not appear and thus committed cruelty with the wife and also deserted her and this petition was filed on 8/12/2021 before the Family Court, Indore.

(3.) Notice was issued and it was unserved with a report that his whereabouts are not known to any one since two years and summons was also published in the Indore Samachar dtd. 12/4/2022. When respondent/husband did not appear then matter was proceeded ex-parte vide order dtd. 12/9/2022 and appellant/petitioner examined herself as PW/1 and her brother as PW/2 and adduced documents Ex.P/1 to P/5.