MANISHA Vs. SUMIT KUMAR

JUDGEMENT

(1.) This civil misc. Appeal under Sec. 19 of the Family Courts Act, 1984 has been preferred by the appellant-wife challenging Judgment and Decree dtd. 26/4/2022 passed by the Additional District Judge, Khetri in Civil Misc. Case No.125/2018 (CIS/Family Main CAse No. 125/2018) titled as "Sumit Kumar vs. Smt. Manisha", whereby application under Sec. 13(1)(II)(1A)(1B) of the Hindu Marriage Act, 1955 filed by the respondent-husband seeking decree of dissolution of marriage solemnized between the parties, was allowed.

(2.) Facts of the case which are relevant for adjudication of the appeal are that respondent-husband moved an application under Sec. 13(1)(II)(1A)(1B) of the Hindu Marriage Act, 1955 (hereinafter referred to as "Act of 1955") against the appellant- wife before the court of Additional District Judge, Khetri (hereinafter referred to as "trial court") seeking dissolution of marriage solemnized between the parties on 19/8/2015 on the ground of cruelty. It was mainly pleaded in the divorce petition that relationship between respondent-husband and appellant-wife started through social media in the month of July, 2014 and they remained contact with each other till marriage. The respondent- husband was recruited in the Army on 20/6/2013. The telephonic contact between the parties changed into physical relationship. The appellant-wife instituted FIR No. 430/2015 at Police Station DLF Phase Second Gurgaon for the offences under Ss. 376 and 120-B of I.P.C. against respondent-husband. Later, both of them solemnized marriage at Arya Samaj Mandir, Noida on 19/8/2015 and a certificate of marriage came to be issued by said institution which was got registered before the Registrar, Hindu Marriages, Sub District Gaziabad on 19/8/2015. But despite that appellant-wife continued to pursue proceedings in aforesaid FIR against respondent-husband. While narrating certain incidents which occurred during subsistence of marriage, it was pleaded that both of them lastly resided as husband and wife till 13/1/2016. Thereafter, statements of respondent-husband and appellant-wife were recorded in the court at Gurgaon, in which appellant-wife gave statement against respondent-husband. The appellant-wife went with her brother on 14/1/2016. But despite that she did not hold back in harassing the respondent- husband and his family. On 19/2/2016, appellant-wife instituted F.I.R. No. 71/2016 at Police Station Khetri for the offences under Ss. 498-A and 406 of I.P.C., in which the police found the story of the appellant-wife to be false and found commission of offence under Sec. 504 of I.P.C. only. The case pertaining to F.I.R. No. 430/2015, father of the respondent-husband was discharged and respondent-husband was acquitted by the court on 2/4/2018. Further, it was also pleaded that in the meantime, appellant-wife developed illicit relations with one Ronak alias Hemant Rungata. It was also pleaded that appellant-wife played fraud upon her cousin brother Sukhvir and grabbed Rs.6.00 lakhs on the pretext of getting him a job, in respect of which FIR No. 171/2016 was registered at Police Station Buhana on 22/10/2016. The appellant-wife also grabbed Rs.1,50,000.00 from one Virendra of her village on the pretext of getting him a job. Sukhbir also registered another F.I.R. No.203/2016 at Police Station Khetri.

(3.) The divorce petition was contested by the appellant-wife by way of filing reply, wherein she while admitting factum of marriage, denied rest of the averments. It was pleaded that respondent-husband forcefully established physical relations with her against her wishes, for which FIR No. 430/2015 was registered. The respondent-husband forcefully committed rape upon appellant-wife before marriage. In that case, appeal was pending before the Hon'ble Punjab and Haryana High Court. The respondent-husband in order to play cheating and save himself in the case of Sec. 376 IPC, made forgery in his mark-sheet and solemnized marriage. The report lodged by Sukhvir was also found false and he did not receive any money from Virendra and nor she was having illicit relations with Ronak alias Hemant Rungata.