ALKA AGARWAL Vs. AKSHAY AGARWAL

JUDGEMENT

(1.) This is an appeal by appellant wife Smt. Alka under Section 19 of the Family Court Act, 1984 against the judgment and decree for divorce passed by the Judge, Family Court, Jodhpur in Civil Original Case No.56 of 2003 laid by the respondent husband Akshay Agrawal under Section 13 of the Hindu Marriage Act, 1955 (for short, 'the Act of 1955').

(2.) Succinctly stated, the facts of the case are that the respondent husband filed a petition under Section 13 alleging therein that nuptial between both the parties was solemnized at Jodhpur on 6th of February 1998 as per Hindu rites and rituals, but out of wedlock no child was born. According to the averments in the divorce petition, earlier the appellant got married with one Bhanwarlal but the marriage ended sadly due to her cruel behavior and finally annulled. Castigating appellant, the respondent has pleaded in the petition that she falsely implicated her former husband in a criminal case which was ultimately closed by the police after investigation. It was further averred in the petition that after solemnization of marriage, appellant neither discharged her marital and social obligations, nor cooperated with respondent and his family members and due to her cantankerous behavior, the life of the respondent and his family members became miserable. As per respondent's version, despite his affability and altruistic behavior, the appellant continued her recalcitrant attitude vis - vis him and his family members and neglected all of them. In order to substantiate the allegation of cruelty on the part of appellant, the respondent has pleaded in the petition that she never wanted to live at her matrimonial home and always insisted for staying with her parents. Even the appellant pressurized the respondent to leave his parents and join her to live at her parent's place. The respondent very specifically averred in the petition that appellant always impressed upon him that she is unable to develop rapport with her in-laws' family and is keenly interested to enjoy company of her own family members. While asserting her said liking, as per version of the respondent, the appellant has time and again warned the respondent that if he will not yield to her desire, the marriage will have the same fate as that of her first marriage. In terms of the pleadings, the appellant has also exerted pressure on respondent to stake his claim for his share in the joint family property and live separately from his parents and other family members. Highlighting the dubious conduct of the appellant, the respondent has stated in the petition that she has harassed and humiliated him on trivial issues and by treating his parents and other family members with disrespect has committed a grave act of cruelty.

(3.) Attributing many insinuations against the appellant to prove cruelty on her part, the respondent has alleged in the petition that the appellant used to address him and his family members as illiterate, uncultured and rustic fellows with the sole intent to defame all. As per the respondent, appellant was in habit of quarrelling and abusing him and her defiant posture took an ugly turn on 15th of April 2000 when marriage ceremony of his sister was going on. She made a conscious attempt to malign him and his family members and threatened to commit suicide. Although the behavior of appellant was objectionable but according to the respondent, he and his other family members have shown great patience in sorting out the matter, however, all efforts made by him and his family members went in vain and the appellant left matrimonial home after three days and ultimately on the date of marriage after great persuasions she came back and attended the marriage. Categorizing all these acts of the appellant, the respondent has also alleged that she was in habit of practicing superstitious activities.