RAKHI SHARMA Vs. GIRIJA SHANKAR SHARMA

JUDGEMENT

(1.) This appeal has been filed on behalf of the appellant (hereinafter to be referred as 'wife') against the judgment and decree dtd. 6/9/2019 passed by the learned Family Court No. 1 Jaipur in Case No. 3207/2014 (1032/2014) (hereinafter to be referred as 'the learned Family Court') whereby the application filed on behalf of the wife under Sec. 13 of the Hindu Marriage Act, 1955 (hereinafter to be referred as 'the Act of 1955') was dismissed.

(2.) Brief facts of the case are that the marriage between the parties was solemnized on 26/6/2002 as per Hindu rites and customs. The wife filed an application under Sec. 13 of the Act of 1955 against the respondent (hereinafter to be referred as 'husband') in the year 2014 stating therein that the husband was in the habit of beating the wife; and the husband and his family members were demanding the dowry from her. It was further stated in the application that the husband is not competent to make physical relations with the wife and he was in the habit of levelling false allegations against the wife of not having competence for giving birth to a child. It was further stated that the husband was also in the habit of consuming the liquor. It was further stated in the application that after death of father of the wife in the year 2013, the husband asked the wife to take share from her parental property and on 8/4/2014 she was beaten by the husband and was thrown out from her matrimonial home on account of which she has also lodged a case under Ss. 498-A & 406 of IPC against the husband in which charge-sheet has been filed against the husband by the Police after investigation. Lastly, prayed for granting the decree of divorce.

(3.) The husband filed reply to the said application and denied the allegations levelled by the wife. It was further stated that the wife has lodged false criminal case against him and lastly, prayed for dismissal of the application seeking decree of divorce.