PUNITA SONI Vs. BRIJESH KUMAR VERMA

JUDGEMENT

(1.) The instant appeal has been filed by the appellant-wife, against the judgment and decree dated 04.01.2019 passed by the learned Principal Judge (Family Court), Faridabad, vide which the petition filed by the respondent-husband under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the HMA'), seeking dissolution of their marriage, was allowed.

(2.) The brief facts of the case are that marriage between the parties was solemnized on 04.02.2014 according to Hindu rites and ceremonies at Faridabad. No child was born out of this wedlock. After the marriage, the act and conduct of the appellant-wife was very rude and abnormal towards the respondent-husband and his family members. Appellant-wife used to talk to someone late in the night hours and when respondent-husband asked about the same, she never gave satisfactory reply. Appellant-wife insisted the respondent-husband to live separately at Gurgaon in a rented accommodation. Appellant-wife also threatened the respondent-husband and his family members that she would commit suicide or implicate them in a false dowry case, if they interfered in her lifestyle. The marriage between the parties was solemnized under pressure of filing of a false complaint against the respondent-husband by the appellant-wife on the allegations of rape. Even after marriage, appellant-wife had extra marital relationship with her ex-boy friends. On 11.05.2014, appellant-wife along with her brother left the house of the respondent-husband. On 22.12.2014, appellant-wife lodged false FIR No.742 under Sections 498-A, 406, 506 and 34 IPC. On 24.12.2014, she lodged another false FIR No.782 under Sections 376, 323, 342, 324 and 506 IPC against the respondent-husband, in which he was acquitted of the charges and the appeal filed by the appellant-wife was also dismissed. During trial, appellant-wife and her father brutally assaulted and beaten the respondent-husband in the parking area of the court complex for which a case under Sections 107 and 151 Cr.P.C was registered against each other. All the efforts for reconciliation had failed. Hence, the respondent-husband filed the petition under Section 13 of the HMA, seeking decree of divorce on the grounds of cruelty and desertion.

(3.) The petition was contested by the appellant-wife, who filed written statement in which, it was admitted that the marriage between the parties was solemnized on 04.02.2014 and no child was born out of this wedlock. However, appellant-wife while denying all other allegations levelled against her and praying for dismissal of the petition, submitted that she is ready to join the conjugal company of the respondent, in case respondent-husband assures to keep her nicely. She also pleaded that after her engagement, the respondent-husband forcibly developed physical relations with her, prior to their marriage. She also lodged complaint against him with the police on 04.11.2013 but thereafter, the matter was compromised and they performed marriage on 04.02.2014. However, in the matrimonial home her husband maltreated her and finally, she was thrown out of the matrimonial home on 11.05.2014. All the efforts for settlement of the dispute failed. Then, she lodged FIR No.742 dated 22.12.2014 under Sections 498-A, 406, 506 and 34 IPC against her in-laws. FIR No.782 dated 24.12.2014 was also got registered by her against her husband under Sections 376, 323, 342, 324 and 506 IPC. It was further pleaded that the divorce petition deserves to be dismissed.