AALOKITA Vs. VIKAS MISHRA

JUDGEMENT

(1.) Appellant has filed this appeal under Sec. 19 of the Family Court Act, 1984 being aggrieved by the judgment and decree dtd. 20/12/2023 passed in RCS HM No. 27 of 2022 by the Principal Judge, Link Family Court, District Umariya, whereby the learned court below has allowed the application under Sec. 13 of the Hindu Marriage Act filed by the respondent.

(2.) Facts of the case, in short, are that the respondent/husband has filed an application under Sec. 13 of the Hindu Marriage Act seeking divorce against the appellant/wife bearing RCS HM 27of 2022 on 21/3/2022.2.

(3.) As per the averments in the application, the marriage between the parties was solemnized on 18" April 2016 as per Hindu rites and customs, at village Lakhaha, Tahsil Rampur Baghelan, Amarpatan, District Satna, M.P. After completion of successful two year of marriage, as averred in the appeal, the appellant has deliberately implicated the respondent and his family members in false and fabricated cases on 14 Aug. 2017. The respondent was trying to bring the appellant with him but the appellant and her family members refused and abused the respondent. Thereafter, the respondent sent legal notice to the appellant and the same was returned with an endorsement that the notice is unserved as the house was locked. The respondent has made his best efforts to restitute the conjugal relationship with the appellant, but in vain. Consequently, when no option left with the respondent/husband, he filed an application under Sec. 13 of the Hindu Marriage Act seeking decree of divorce.