POOJA CHABRA Vs. KISHOR CHABRA

JUDGEMENT

(1.) This appeal is directed against judgment and decree dtd. 3/2/2018 passed by the Family Court, Dausa (for short 'the Family Court') whereby petition under Sec. 13 of the Hindu Marriage Act, 1955 (for short 'the Act') filed by the respondent-husband has been allowed and a decree of divorce has been granted in favour of the respondent-husband.

(2.) Respondent-husband filed petition under Sec. 13 of the Act before the Family Court seeking decree of divorce on the ground of cruelty and desertion both, on the pleadings inter alia that the marriage between the parties was solemnised on 11/12/2010 and after about seven days of marriage, behaviour of the appellant-wife towards the respondent-husband and relatives became rude and indifferent. She threatened that she will get the entire family arrested. She was not interested in household works and used to watch T.V. It was further pleaded that appellant-wife and her relatives were continuously extending threat of implication in the criminal case. It was also pleaded that the wife used to go to her parental house in every 2-3 days and also used to enter into quarrel on this issue. She was habitual of talking on phone for long time and when the same was objected to, she used to quarrel. There were other allegations made in the petition that the wife was not sharing usable. On 15/1/2011, parents and brother of the appellant-wife came and insisted to take her away by stating that they will send the appellant-wife back only when the respondent-husband arranges for a separate residence. Thereafter, the appellant- wife left the matrimonial house with her jewellery and clothes. Thereafter, a house was taken by the respondent-husband and the appellant-wife was informed but she did not come back. The appellant wife lodged a false report on 2/11/2011 at Mahila Thana, Gandhi Nagar, Jaipur. Attempt was made to bring about settlement and under the settlement, the respondent- husband was to arrange for a new house and he also arranged a new house. On 15/11/2011, the respondent-husband suffered an accident resulting in an injury on his right leg because of which he could not go to Dausa to bring his wife back. Despite having knowledge of this fact, the appellant-wife did not come to look after the respondent-husband and on the other hand, again went to Mahila Thana, Gandhi Nagar, Jaipur on 22/11/2011 for making a complaint. Though, efforts were made to bring about settlement in the counselling centre, but the wife did not cooperate. Despite several efforts made, the appellant- wife did not come back to the matrimonial house. Looking to the dispute and the conduct of the appellant-wife, father of the respondent husband disowned and deprived the respondent-husband of all the rights in the movable and immovable properties of the family. The respondent husband filed an application under Sec. 9 of the Act for restitution of conjugal rights in which though a settlement was arrived on 5/4/2013 that both the parties shall live together, which led to closure of the proceedings, however, the wife stayed only for two days thereafter with the husband and she did not allow the husband to cohabit. Thereafter, she again left the matrimonial house. Despite several attempts made, the appellant wife refused to come back. The family members of the appellant wife are persons of criminal background and involved in drug trafficking. This has affected the reputation of the husband.

(3.) The pleading of desertion was also made by stating that the appellant wife left the respondent-husband since 15/1/2011 and despite all efforts made, she, without any reasonable cause, is not inclined to reside with the husband, thus, having deserted.