SHIVANI RATHI Vs. ACHAL MAHESHWARI

JUDGEMENT

(1.) The instant appeal has been preferred by the wife - Shivani Rathi, whereby, she has impugned the judgment and decree dtd. 28/2/2018, passed by the Ld. Additional Principal Judge, Family Court, Gurugram (hereinafter referred to as 'Ld. Family Court'), vide which the petition filed by the respondent-husband/Achal Maheshwari, under Sec. 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act'), seeking dissolution of his marriage with the appellant-wife on the ground of cruelty, was allowed.

(2.) A few facts necessary for adjudication of the instant appeal, as pleaded in the petition filed by the respondent-husband (petitioner therein) before the Ld. Family Court, may be noticed. The marriage between the parties was solemnized on 19/4/2014. No child was born out of the said wedlock. It was a simple marriage sans any dowry. Right from the beginning of their marriage, it was alleged by the husband that behaviour and the attitude of the wife was highly unbecoming and harsh towards him and his family in as much as during their honeymoon from 21/4/2014 to 25/4/2014, she avoided the respondent and intentionally refused to have conjugal relations with him. On 30/4/2014, the appellant-wife tried to kill the respondent-husband and his family, but they managed to save themselves. The respondent-husband pleaded that the wife was having a love affair with one Vibhor Gupta qua which there was enough documentary evidence in the form of messages and e-mails to support the same. Said Vibhor Gupta along with parents of the wife would interfere in the matrimonial life of the parties. On 16/11/2014, the wife in connivance with Vibhor Gupta and her parents left the company of the respondent-husband in his absence, but not before taking along with her all her jewellery, clothes and other valuables. The cruel and hostile behaviour meted out to him by the appellant-wife led the respondent-husband to slip into depression. Despite his earnest efforts to save his marriage, he was unsuccessful. Hence, he prayed for dissolution of his marriage.

(3.) On the contrary, the appellant-wife (respondent therein) refuted and denied the allegations of the respondent-husband, in her written statement filed before the Ld. Family Court. She inter alia alleged that there had been repeated dowry demands as well as demand of a car and cash by the husband and his family. As she was unable to fulfill their demands, she was physically and mentally abused and harassed by the respondent-husband and his family. Resultantly, an FIR dtd. 29/9/2015 was lodged against the husband and his family at Saharanpur. She alleged that all the gifts and jewellery received by her at the time of marriage were still in the possession of her mother-in-law. She submitted that despite discharging all her matrimonial duties and obligations sincerely, the respondent-husband and his family remained dis-satisfied. She categorically denied the allegations of illicit relations with Vibhor Gupta as being totally false.