ALOK SHARMA Vs. SMT. NISHA CHAUBEY

JUDGEMENT

(1.) This first appeal has been filed by the appellant/defendant (husband) under Section 19 of the Family Courts Act, 1984 being aggrieved by the judgment and decree dated 18.07.2016 passed by the Second Additional Principal Judge, Family Court, Bhopal under Section 13(1) of the Hindu Marriage Act, 1955 whereby the decree of divorce has been granted in favour of the respondent/plaintiff (wife).

(2.) It is not disputed that, the appellant and respondent are husband and wife. Their marriage was solemnized on 29.10.2009 in accordance with Hindu rites and customs. The respondent (wife) is residing at Bhopal and is working at BSNL, Bhopal. The appellant-husband is posted as Junior Engineer in Railway at Jaipur (Rajasthan).

(3.) The factual matrix of the case is that respondent-wife filed a suit under Section 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955, for divorce against the appellant. It was alleged that after the marriage, appellant and his parents demanded gold ornaments worth Rs. 2,50,000/- along with her salary from the respondent. They harassed her. The appellant left the respondent at her maternal house. He did not come to take her to reside with him. Hence, the respondent approached the police parivar paramarsh kendra. The appellant imposed some condition on the respondent to live with him and threatened her. Therefore, the respondent filed a case under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights against the appellant but she withdrew the same. Thereafter, she filed a complaint under Section 498-A of the Indian Penal Code against the appellant and his parents.