KRITI VIKAS KUMAR SWAMI Vs. VIKAS KUMAR SWAMI

JUDGEMENT

(1.) Appellant - wife - Smt. Kriti has preferred the instant appeal aggrieved by the judgment and decree dtd. 15/4/2021 passed by Family Court No.2, Jaipur, whereby divorce petition filed by respondent - husband - Vikas Kumar Swami under Sec. 13(1) (ia) and 13(1)(ib) of the Hindu Marriage Act, 1955 was allowed.

(2.) Succinctly stated the facts of the case are that the appellant and the respondent got married on 24/2/2011. The respondent initially filed a divorce petition under Sec. 13(1)(ia) and 13(1) (ib) of the Hindu Marriage Act before the Family Court, Jhunjhunu, on 5/7/2013 alleging therein that the appellant is not cohabiting with the respondent and is not staying with the respondent at his village. It was also alleged in the earlier petition that the appellant left the house in June, 2011 and was staying at Jaipur. She also took Rs.40,000.00 through cheque for continuing her studies at Jaipur. The said petition was not pressed by the respondent and the same was dismissed as not pressed on 9/7/2013. Thereafter, the present petition was filed by the respondent on 31/10/2017 with the allegation that the appellant doubts the character of the respondent; is not staying with the respondent; is continuously threatening to lodge false complaint against him. She has also lodged complaint before the Registrar (Vigilance) of High Court with the intention to humiliate the respondent in front of his colleagues; she even threatened to commit suicide after locking herself in the room.

(3.) It is also alleged that the respondent was brought up in a village environment, whereas the appellant right from the time of her birth was residing in Jaipur and it is for this reason that she was not willing to come and stay in the village with the respondent. It is also alleged that right from the date of marriage, appellant did not cohabit with the respondent and has always pressed upon the respondent to leave her at Jaipur.