DEEDAR DEVI JAT Vs. JHABARMAL SHESHMA

JUDGEMENT

(1.) This appeal has been preferred by appellant Deedar Devi (wife) against the order of the learned Family Court, Sikar passed on 10.4.2018 in matrimonial Civil Misc. Case No. 175/2014 filed by respondent Jhabarmal Sheshma (husband) under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 (for short 'the Act') against Deedar Devi (wife) whereby the learned Family Court allowed the civil case and annulled the marriage with effect from the date of the order i.e. 10.4.2018. Being aggrieved with the said order, appellant wife filed this appeal.

(2.) Brief facts giving rise to this appeal are that the marriage between the parties was solemnized on 19.2.2017 at Dausar according to the Hindu rites and customs. The spouses were blessed with a male child, namely Harshit on 29.11.2009. On asking from the appellant wife by the respondent husband as to why she had been having long conversations with unknown persons, she did not give any reply for the same. The respondent husband took it that his wife was having a suspicious character. Wife started saying that she was educated and would not do household work. The appellant wife delivered a male child in Janana Hospital, Sikar, from where she went to her parental house at Dausar and not at the house of respondent husband at Rajpura. On account of this, the behaviour of the appellant wife became rude and aggressive towards him. Appellant wife insulted the respondent husband by saying that 'You are not B.A pass', whereas 'I am M.A. and B.Ed.' So, he stopped visiting her parental house. The appellant wife lodged a false criminal case for the offences of demand of dowry.

(3.) In reply, the appellant wife denied all the facts except her marriage and birth of her son Harshit. She stated that respondent husband had demanded one lakh rupees and an Alto car. She submitted that respondent husband and his family members expelled her from the house on 5.4.2009. She submitted that criminal case for offences under Sections 498A, 406 and 323 Indian Penal Code and Section 4 of the Dowry Prohibition Act 1961 was also pending against her husband. So, the petition be dismissed.