JAYA JAIN Vs. AZAD JAIN

JUDGEMENT

(1.) THIS is an appeal under Section 19 of the Family Courts Act, 1984, filed by the appellant/wife against the decree of divorce passed against her by Principal Judge, Family Court, Jabalpur in Civil Suit No. 11-A/2002, vide judgment dated 25-11-2005.

(2.) BRIEF facts material for deciding the appeal are mentioned herein below:

(3.) APPELLANT was married to the respondent on 19-1-1999 at Hotel Shri Radha, Jabalpur, according to Hindu rites and customs. It was second marriage of both the parties. Appellant was the widow of Paresh Shah and she had one son namely Jenil from her husband late Paresh Shah, while respondent/husband had also two children from his deceased first wife. The respondent filed a petition for divorce against the appellant under Section 13 of the Hindu Marriage Act, 1955 before the Trial Court on 29-8-2000 alleging that immediately after their marriage his wife, the appellant herein, began to quarrel with him and his family members and created nuisance by continuously shouting for 3 to 4 hours in night. On March, 1999, she walked away from the house of the respondent and came back after creating lot of nuisance on road and thus insulted and humiliated the respondent. Appellant also did not discharge her household duties and always created nuisance during nights by beating the respondent and threatening to commit suicide. In the month of July and August, 1999 she walked out of the house of the respondent, reached bus stand and alarmed the respondent to live separately with the result, mother of the respondent had to shift her residence to some other place.