POONAM KUMARI Vs. RAMESH PRASAD

JUDGEMENT

(1.) The present Miscellaneous Appeal has been preferred by the appellant-wife under Sec. 19 of the Family Courts Act, 1984 read with Sec. 28 of the Hindu Marriage Act, 1955, assailing the judgment and decree, dtd. 30/6/2022, passed by the learned Principal Judge, Family Court, Sheohar in Matrimonial Case No. 19 of 2015, whereby and whereunder, the learned Family Court, on contest, dissolved the marriage solemnized between the appellant and the respondent on 13/5/2002 by granting a decree of divorce under Sec. 13(1)(ia) of the Hindu Marriage Act, 1955 on the ground of cruelty.

(2.) The marriage between the parties is admitted. The appellant-wife and the respondent-husband were married on 13/5/2002 according to Hindu rites and customs. The parties lived together as husband and wife and admittedly have no child from the wedlock. The case of the respondent before the learned Family Court was that the matrimonial relationship, after an initial period of about two years, became strained on account of the conduct of the appellant, who, according to him, insisted that he should separate from his father and brother. The respondent pleaded that, although he ultimately separated from his parents and brother in the year 2005, the conduct of the appellant did not improve thereafter.

(3.) It was further pleaded by the respondent that the appellant used abusive language, frequently went out of the matrimonial home without informing him and, on occasions, remained away for two to three days. The respondent further alleged that on 7/12/2014, when he returned home after attending to his work, he found that the appellant was no longer present in the house and, on inquiry, learnt that her father and brother had taken her away along with her clothes, jewellery and cash of Rs.50,000.00. According to the respondent, when he went to the parental house of the appellant to enquire about the matter, he was assaulted and driven away. He claimed that since 7/12/2014, the appellant had been residing at her parental home and that there had been no matrimonial relationship between the parties thereafter.