FAKIR CHAND Vs. MEETU

JUDGEMENT

(1.) None has put in appearance on behalf of the respondent-wife since 22/11/2019. Even today none has put in appearance on her behalf despite the case having been called twice.

(2.) Appellant-husband has come up in appeal against the judgment and decree dtd. 24/3/2017 of the Family Court whereby petition filed by him under Sec. 13 of the Hindu Marriage Act (for short 'the HMA') for dissolution of marriage has been dismissed.

(3.) The marriage of appellant-Fakir Chand was solemnised with respondent-Meetu on 13/12/2006 at Abohar in accordance with Hindu rites and rituals. Out of this wedlock a son namely Harshit was born on 8/9/2007. As per husband, from the very beginning of the marriage, the act, conduct and behaviour of the respondent was not good towards the appellant and his family members. After a few days of the marriage, parents of the husband along with his brother Vijay Kumar and sister Sunita started living separately from the parties to the appeal. The respondent levelled false, baseless and filthy allegations against the appellant and his family members. She failed to perform her matrimonial duties. On 26/2/2007 respondent left the matrimonial home in the absence of the appellant and without informing him. Appellant immediately visited the respondent's parental house and requested to respondent to accompany him but she did not accede to his request and abused him and his family members. Respondent filed application under Sec. 125 Cr.P.C., which was decided on 3/10/2011 by JMIC, Abohar. Thereafter, respondent filed revision against the said order, which was dismissed on 7/2/2013. Respondent also filed a criminal complaint under Ss. 406, 498-A and 109 IPC against the appellant and his family members in which appellant and his family members were acquitted of the charges on 8/5/2013. It is further stated that respondent is a teacher, therefore, appellant filed application under Sec. 127 Cr.P.C. for cancellation of order dtd. 3/10/2011. Appellant is paying maintenance as per order dtd. 3/10/2011. In this backdrop, the divorce petition was filed.