SMT. INDU CHOURASIYA Vs. TRILOK CHOURASIYA

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 14.07.2017 passed by the Principal Judge, Family Court, Jabalpur in C.S.No. 412-A/2016. By the aforesaid judgment, the trial Court allowed the application filed by the respondent and granted a decree of divorce.

(2.) The marriage of the appellant-wife and respondent- husband was solemnized on 30.04.2013 as per Hindu rituals at Jabalpur. The appellant lived with the respondent for a brief period. She returned to her maternal house on 25.07.2013. It is pleaded by the respondent in the plaint that he had tried his best to pursue the appellant to live with him. However, she did not come back. Thereafter, respondent-husband filed an application under Section 9 of the Hindu Marriage Act on 03.03.2014. After receiving notice of the aforesaid application, the appellant-wife lodged FIR on 01.05.2014 against the respondent, his father Ramesh, mother Asha, sister Deepika and uncle Hiralal Chourasiya. On the basis of the aforesaid FIR, offence under Section 498-A , 506-B , 406 and 34 of Indian Penal Code was registered against the respondent and his family. They were arrested and thereafter, respondent-husband was released on bail. Criminal Case No. 6115/2014 is pending before the Judicial Magistrate First Class.

(3.) The Family Court in Civil Suit No. 2-A/2015 vide judgment dated 15.05.2015 decreed the suit for restitution of conjugal rights and directed the appellant to live with the respondent. Inspite of that, the appellant did not go to live with the respondent. She filed a suit for grant of maintenance under Section 125 of Cr.P.C. which is pending. The respondent-husband filed a suit for grant of decree of divorce. The respondent- husband pleaded that the appellant practiced cruelty with her.