SANGITA NIGAM Vs. SAURABH NIGAM

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment and decree dated 21.12.2012 passed by District Judge, Chhatarpur in Hindu Marriage Case No.8-A/2012.

(2.) The respondent/husband filed a suit for grant of divorce. He pleaded that marriage of the respondent with appellant was solemnized on 23.02.1999 in accordance with Hindu rituals at Chhatarpur. They were living at Jabalpur and two children namely; Mimansha and Manas were born from their wedlock on 23.01.2001 and 04.09.2003. The behaviour of the appellant was cruel. She used to leave the house of the respondent and abuse him. She had beaten children also. The respondent had taken house at Mother Teresa Colony, Jabalpur and he was living in that house with the appellant. Inspite of that, appellant left the house and she did not return back to the matrimonial home. The appellant lodged a report at Police station Gohalpur on 26.04.2005 against the respondent and his father. An affidavit was filed on 04.05.2005 to the effect that appellant and respondent would live peacefully. However, the appellant-wife did not return to the house of the respondent. She had illicit relationship with one Mr. Ramesh Patel and he used to visit the house of the respondent.

(3.) Appellant-Wife in her written statement denied the pleadings of the respondent-husband. She denied the fact that she misbehaved with the respondent and his family members. Contrary to this, she pleaded that respondent had forced her to leave the matrimonial home. She also denied the fact that she had any illicit relationship with any other person including Mr. Ramesh Patel. Appellant filed an application under Section 9 of the Hindu Marriage Act for restitution of conjugal rights, it was decreed by the trial Court on 11.11.2008. Appellant pleaded that demand of dowry was made by the family members of the respondent and she was forced to lodge complaint against the respondent and his family members .On the complaint of appellant, criminal case vide Crime No.23/05 for commission of offence punishable under Sections 498-A/34 of IPC and under Section 3 and 4 of Dowry Prohibition Act was registered and the case was pending before the Court of ACJM, Chhatarpur.