SMT. USHA TIRPATHI, W/O SHANKAR PRASAD, AGE ABOUT 44 YEARS, BY CASTE TIRPATHI, RESIDENT OF GALI NO. 9, RAMPURA BASTI BIKANER Vs. SHANKAR PRASAD S/O SHRI TILAKMANE, BY CASTE TIRPATHI BRAHMAN, RESIDENT OF RAMPURA BASTI, GALI NO. 9, LALGARH, BIKANER (RAJ.)

JUDGEMENT

(1.) These two appeals arise from a common order dated 17.9.2015 passed by the Family Judge, Bikaner dismissing Civil Misc.Case No. 374/2012 filed by the appellant seeking divorce from the respondent under Sec. 13(1)(ia) of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act ) on grounds of cruelty, while simultaneously allowing Civil Misc. Case No. 370/2012 preferred by the respondent for restitution of conjugal rights under Sec. 9 of the Act.

(2.) Learned counsel for the appellant submitted that the Family Judge has erred in holding that cruelty had not been established. The respondent would beat the appellant, use abusive language and had also threatened to have her killed. He had concealed before their marriage that he was already married with six children and when the appellant conceived he forced her to abort twice. The respondent had taken a house from the appellant's father in dowry. He had taken back the mobile that he had given to the appellant. The respondent was indulging in rumors that the appellant was of loose character tarnishing her image and reputation.

(3.) The suit filed for restitution of conjugal rights was nothing but a camouflage to cover his own misdeeds of cruel behaviour. The appellant had also filed a criminal prosecution against the respondent under Sec. 498-A Penal Code and under the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the Domestic Violence Act ) which are still pending.