VARDHI Vs. NARAYAN LAL

JUDGEMENT

(1.) The appellant has filed this appeal under Section 19 of the Family Courts Act, 1984 against the judgment and decree dated 23.7.2007 passed by Judge, Family Court, Udaipur in Civil Misc. Case No. 238/2003 whereby the Judge, Family Court dismissed the application filed by the appellant under Section 13 of the Hindu Marriage Act for seeking divorce.

(2.) As per facts of the case an application under Section 13 of the Hindu Marriage Act was filed by the appellant Smt. Vardhi stating therein that she got married with the respondent Narayan Lal nine years back and thereafter she was living with her husband and his family. It is alleged in the application that after sometime of marriage, the respondent was regularly harassing and beating the appellant and at last sent out from the house without any reasons. So many allegations were levelled by the appellant in the application filed under Section 13 of the Hindu Marriage Act with regard to cruelty and prayed that on the ground of cruelty and desertion, a divorce decree may be passed in her favor.

(3.) In the application filed under Section 13 of the Hindu Marriage Act, notice was issued to the respondent by the Family Court. In pursuance of which, the respondent filed reply and refuted all the allegations levelled against him and further it is stated that no cruelty was committed by him towards the appellant. Moreover, an application for restitution of conjugal rights was filed by him in which the learned Family Court passed ex-parte decree on 25.7.2002 because even after service the appellant did not attend the Court but she did not comply the said decree. Further, it is pointed out that a criminal case has also been filed by the appellant on false grounds and she is leaving separately without reason. Therefore, it is obvious that he has not deserted her nor any cruelty has been committed by him and all the allegations levelled in the application are false. Therefore, the application may be dismissed.