RAJ TALREJA Vs. KAVITA TALREJA

JUDGEMENT

(1.) This Civil Misc. Appeal under Section 19 of the Family Courts Act, 1984 and under Section 28 of the Hindu Marriage Act, 1955 has been filed against the judgment and decree dated 05.08.2004 passed by the learned Judge, Family Court, Udaipur in Civil Case No.56/2000, whereby the petition filed by the appellant husband under Section 13 of the Hindu Marriage Act for dissolution of the marriage has been dismissed.

(2.) Briefly stated the facts of the case are that the appellant husband Raj Talreja filed a petition on 22.03.2000 under Section 13 of the Hindu Marriage Act, 1955 (herein after referred to as "the Act of 1955") before the learned Judge, Family Court, Udaipur against the respondent wife Smt. Kavita Telreja with the averments that their marriage was solemnized on 13.04.1989 at Udaipur as per Hindu rites and they lived together till the year 1997. Their son Sahil was born on 29.01.1990.

(3.) The petition for dissolution of marriage was filed by the appellant husband on the grounds that after the marriage the respondent wife started quarreling with his parents, her behaviour was harsh and cruel and she forced the petitioner to live separately from his parents. The petitioner constructed a new house, where they lived from 29.01.1999. The respondent wife used to go out of the home in the car and when enquired, she used to abuse him and also beat their son Sahil if he also wanted to go out with his mother. After shifting to the new house, they lived as husband and wife without any mental and physical relationship. The wife has completely deserted her husband from 1997.