VEERBHAN SINGH Vs. SONAL TALPADA

JUDGEMENT

(1.) This appeal has been filed on behalf of the appellant (for short 'husband') against the respondent (for short 'wife') under Sec. 19 of the Family Courts Act, 1984 challenging the order dtd. 21/8/2019 passed by Family Court, Bharatpur (Raj.) whereby the petition filed by the husband under Sec. 13 of the Hindu Marriage Act, 1955 (for short 'Act of 1955') has been dismissed.

(2.) Brief facts of the case as emerge from the record are that marriage between the parties was solemnized on 5/12/2007 at Nadiyad, District Khera (Gujarat) and the parties has no child out of their wedlock. Both husband and wife are doctor by profession. The husband filed a petition before the Family Court seeking divorce from the wife stating therein that after marriage wife lived with the husband only about for two to three months during their two years of matrimonial period. The husband further stated in the petition that wife is in Government Service and working in the State of Gujarat. At the time of filing of the divorce petition her salary was Rs.60,000.00 per month whereas the husband was working in rural area and his salary was less than Rs.20,000.00 per month. The husband further stated in the petition that he was pressurized by his wife to come and live with her in the State of Gujarat, as there are more avenues in their profession, even in the Government job where the salary is much higher. The husband further stated that the wife threatened him on various occasions for which he has also lodged complaint against the wife at Police Station, Bharatpur. The wife is living separately since the year 2009. He further stated in the petition that there is no possibility of their reunion and prayed for granting decree of divorce on the ground of cruelty.

(3.) The wife replied to the said application/petition and stated that she is ready to live with the husband and she never threatened him. She further stated in her reply that husband does not want to respect their matrimonial relationship and prayed for dismissal of the divorce petition.