MANJU SAINI Vs. SUBHASH SAINI

JUDGEMENT

(1.) By way of filling the instant appeal under Sec. 19 of the Family Courts Act 1984, the Appellant-wife has challenged the judgment and decree dtd. 14/11/2018 passed by Additional District and Sessions Judge, Chomu, Dist. Jaipur, whereby decree of divorce has been granted in favour of the respondent-husband by allowing his application under Sec. 13 of the Hindu Marriage Act, 1955 (for short, 'the Act of 1955').

(2.) Brief facts giving rise to the instant appeal are that respondent-husband filed an application under Sec. 13 of the Act of 1955, mentioning therein that marriage between the appellant-wife and respondent-husband took place on 16/2/2010 in accordance with Hindu rites and ceremony. However, the attitude of appellant-wife towards the marriage was totally indifferent right from the day one, she refused to cohabit with the respondent-husband and also refused to consummate the marriage. She revealed that she performed the marriage only on account of insistence of her parents. It was further contended in the application by the respondent-husband that the appellant-wife remained at matrimonial home only for a short period of hardly three months. Thereafter, she left the matrimonial home and resided with her parents. During the period she remained at matrimonial home, her behaviour towards the respondenthusband was totally cruel and she always misbehaved with him. She rudely refused to co-habit with him and used to threaten him that in case he would touch her then she would commit suicide.

(3.) It was also contended in the application by respondenthusband that the appellant-wife was a lady of pugnacious and combative nature and she used to quarrel with the respondenthusband. She has caused physical as well as mental trauma to the appellant-wife and has also misbehaved with the family members. She along with her family members insisted for purchasing a separate house in her name. She threatened to send the respondent-husband to jail. It was further contended by the respondent-husband that the appellant-wife has never fulfilled the obligations of married life and on account of her consistent rude and cruel behaviour mental cruelty has been caused to the respondent-husband. He stated that he tried to reconcile with the appellant-wife, yet she did not come back to the matrimonial home. Hence, he prayed for granting decree of divorce on the ground of cruelty and desertion.