DINESH RAMAWAT Vs. REKHA RAMAWAT

JUDGEMENT

(1.) This appeal under Section 19 of the Family Courts Act, 1984 read with Section 28 of the Hindu Marriage Act, 1955 ('the Act of 1955') is directed against the judgment and decree dated 31.01.2012 passed by the Family Court, Udaipur in Case No. 16/2008, dismissing the application filed by the appellant-husband seeking dissolution of his marriage with the respondent-wife on the alleged ground of desertion and cruelty.

(2.) Put in brief, the relevant facts and background aspects of the matter are that the marriage of the parties was solemnized on 27.01.1988. Two sons were born out of the wedlock, respectively on 27.01.1991 and 15.07.1992. It had been the case of the appellant that earlier, he was serving at Mumbai and the parties lived together there for about fifteen years but thereafter, he shifted to Udaipur and got engaged in the business related with gold and silver wherein he suffered adversities. According to the appellant, the respondent's sister and mother was also living at Udaipur and at their instance, she was entering into the quarrels with him.

(3.) The appellant further alleged that the respondent had been leaving his company and going to her mother's place and when lastly she did not return despite all the efforts, he filed an application under Section 9 of the Act of 1955 wherein, despite settlement, she did not return to her matrimonial house; and on the contrary, started abusing him and also misbehaved at his shop on 14.10.2007 with the employee Narayan Lal. The appellant alleged that the respondent had been pressurizing him to transfer the entire business in her name and she was guilty of cruelty of conduct.