REENA @ RADHA GOYAL (SMT.) Vs. ARVIND KUMAR JAIN

JUDGEMENT

(1.) In this civil miscellaneous appeal filed under Section 19 of the Family Courts Act, 1984, appellant-non-applicant wife is challenging the judgment and decree dated 07.07.2003 passed by the Judge, Family Court, Jodhpur in Civil Original Case No. 62/2002, upon which, application filed under Section 13 of the Hindu Marriage Act by the respondent-applicant husband was allowed.

(2.) Brief facts of the case are that a petition under Section 13 of the Hindu Marriage Act, 1955 was filed by the respondent-applicant husband before the Family Court, Jodhpur, in which, it was stated that his marriage was solemnized with the non-applicant-appellant on 19.02.2000 and, before his marriage, betrothal ceremony was solemnized on 29.11.1999. On that occasion, his father and mother gave some ornaments weighing 4 tola and, so also, spent huge amount to celebrate the function. On 29.01.2000, father of the appellant-non-applicant died. Thereafter, on 19.02.2000, marriage was solemnized and, after marriage, non-applicant-appellant and applicant-respondent lived together for about three months. Thereafter, due to cruel attitude of the non-applicant-appellant wife towards her husband and family members of the in-laws, it was not possible for the applicant to live with her.

(3.) As per allegations levelled by the applicant-respondent husband, appellant-non-applicant's cruelty has gone upto the extent of threatening that she would commit suicide and all efforts were made by him and his family for conciliation but all the efforts failed and cruelty of the non-applicant heightened to the extent that she even started condemning her father and mother for destroying her life by marrying her with the applicant-respondent whereas she dreamt of being married by her parents in an affluent family having wealth, bungalow and car but the applicant is working in the shop of his brother from where also the non-applicant-appellant tried to detach the applicant and when he refused to do so, then, she used filthy words and called him "namard" (impotent) but he cannot do anything.