JITENDRA Vs. ANJANA SONI

JUDGEMENT

(1.) This appeal under Section 19 of the Family Courts Act, 1984 is directed against the judgment and decree dated 632010 as passed in Civil Misc. Case No. 206/2007 whereby the Family Court Udaipur has rejected the petition filed by the appellant husband for judicial separation under Section 10 of the Hindu Marriage Act, 1955.

(2.) The relevant background aspects of the matter could be taken into comprehension as follows : The marriage between the appellant husband and the respondent wife was solemnized on 2042007 as per the Hindu rites at Pala Ganeshji Temple, Udaipur. Less than three months from the marriage, the appel lant husband filed the petition seeking judicial separation on 572007, alleging the acts of cruelty by the respondent wife. The appellant alleged that the respondent asked for solemnisation of the marriage in a temple so as to save her father from the related expenditure, that on 2042007, she came ready for marriage and none of her family members accompanied, and that they got married in the said temple as desired. The appellant further averred that the respondent did not bring any amount or jewellery and rather, he gifted her a Mangal Sutra weighing 2 tolas in gold and two pairs of Payjeb. The appellant further averred that immediately after marriage, upon reaching the house, the respondent started quarrelling with him and his mother calling them names and complaining that they had given much less items in gold and ought to have gifted about 10 to 15 tolas of gold to her. According to the appellant, the respondent went to her parental house after such quarrel whereupon himself and his family members talked to the family members of the respondent pointing out that the appellant was a ClassIV employee and was not having the capacity to offer the gold as demanded. The appellant alleged that after persuasion, a reception was organised by the responent's family on 2342007 and even in such a function, the respondent kept on repeating her demand for gold and money. According to the appellant, the respondent came to the matrimonial house after much persuasion but kept on quarrelling with him and his mother. The appellant further averred that he took his wife and mother from Udaipur to Deedwana, the place of his posting, on 852007 but thereat too, the respondent continued to abuse and to misbehave with him and his mother, and threatened that if they would not meet with her demand of gold jewellery, she would get them entangled in criminal cases.

(3.) The appellant further averred that on 462007, upon investigation at the Government Bangar Hospital, Deedwana, the respondent was found pregnant whereupon she got furious and insisted to get the pregnancy terminated, and upon his pleading against such a proposition, she again taunted the appellant that he would not be in a position to maintain her and the child. The appellant yet further averred that upon the respondent's insistence, he took her to Udaipur but upon reaching Udaipur, the respondent abused his mother and threatened that she would get them imprisoned. The appellant alleged that on 962007, the respondent got the pregnancy terminated without his consent; and threatened to foist criminal cases against the appellant and his family members unless the demanded 10 tolas gold was given to her.