VEENA SHARMA Vs. AMIT PRABHAKAR

JUDGEMENT

(1.) This miscellaneous appeal is preferred by the appellant-wife against the judgment and decree dt. 5.11.2009 passed by Family Court number 1, Jaipur, whereby the learned family Court granted a decree of divorce on grounds of cruelty and desertion. The factual matrix of the case is that the marriage between the parties was solemnised on 7.12.1996 at Kota as per Hindu ritual and customs. Out of the wedlock, one daughter, namely, Kaumudi was born on 19.8.1998 and the second daughter namely Pavitra was born on 15.8.2001

(2.) The petition for divorce was filed by the respondent-husband wherein it was alleged that the appellant-wife was in government service and more qualified because of which she was always proud and used to look down on him. Right from the very beginning, she was adamant about going back to her workplace and she neglected all her conjugal duties. On the dates mentioned in the divorce petition, the appellant-wife pestered her husband about going back to her workplace and on his refusal to allow her to do so; she said she would go back to her parents' house thereby neglecting all her household duties which a wife is expected to do. To make the matter worse, she would not even take care of her daughters and used to ill-treat the guests and relatives of the respondent. She would also verbally abuse him and put allegations against her husband and father-in law that they had illicit relations with their mother and daughter respectively. The respondent-husband also contends that she filed a false complaint under Sec. 498-A of IPC against him and a number of other vexatious cases. The respondent-husband contended that this behavior of the appellant amounted to mental cruelty. It is further alleged that from 2.12.2002, the appellant-wife deserted him and the two never cohabited since then. On 20.4.2005, a settlement between the parties was arrived at but despite that there was no improvement in her behavior and she also committed breach of the terms thereof.

(3.) The appellant-wife, on the other hand denied all the allegations levelled against her. According to her, the respondent-husband has an inferiority complex. She always respected him and never went to work without informing him. Because of the constant mental and physical torture by her husband and in-laws, she was forced to file a complaint under Sec. 498-A of IPC, which is still pending in the Court. As regards the settlement, she contends that she was coerced and pressurised to enter into the same. She also contends that because of her work constraints, she is forced to leave her daughters in the care and custody of her in-laws but she never neglected them. Her husband under the influence of his parents tortures her. She also contends that they have been living in the same room and she never deserted him and they are still cohabitating. Further, her in-laws also incited her daughters against her.