KIRAN CHOURAVSIYA Vs. MANOJ CHOURASIYA

JUDGEMENT

(1.) The appellant-wife feeling aggrieved by the judgment dated 30-8-2008, pronounced by First ADJ, Seoni in Civil Suit No. 4A/2005 whereby the application under section 13 of Hindu Marriage Act, 1955 filed by the respondent-husband was allowed and the marriage between the appellant and respondent solemnized on 24-5-2001 has been dissolved, preferred this appeal under section 28 of the Hindu Marriage Act, 1955 (for brevity Act, 1955).

(2.) It is not disputed that the appellant and respondent are husband and wife. Their marriage was solemnized on 24-5-2001. Due to this wedlock, a male child was born to the appellant. The respondent issued a notice to the appellant for restitution of conjugal right. The respondent then instituted Civil Suit No. 6A/2002 in which a finding was given by the Court in favour of the respondent hat the appellant-wife deserted respondent-husband without any sufficient cause, however, the civil suit was dismissed. It is also not disputed that the appellant-wife has filed a criminal case before JMFC, Chhindwara under section 406, Indian Penal Code read with sections 4, 5 and 6 of the Dowry Prohibition Act, which is yet to be decided.

(3.) The learned trial Court after gone through the pleadings and evidence observed that after her marriage, the appellant-wife pressurized respondent-husband to live separately from his family. When the respondent-husband denied the same, the appellant-wife stopped doing domestic work and started sleeping separately. The appellant-wife also got herself transferred from village Linga, Distt. Chhindwara to Seoni. The appellant-wife treated the respondent-husband with cruelty and deserted the respondent-husband from 7-10-2010. The trial Court, under section 13(1)(i-a), and 13(1)(i-b) Act, 1955 granted decree of divorce in favour of the respondent-husband.