SMT. VIJAYLAXMI DAYMA Vs. CHANDRA KUMAR

JUDGEMENT

(1.) This appeal is before us to examine correctness of the judgment and decree dated 21.5.2015, passed by Family Court, Bhilwara in Civil Misc. Case No.103/2012 (Old No.260/2009).

(2.) Succinctly, facts of the case are that appellant Smt. Vijaylaxmi entered into a wedlock with the respondent on 26.1.2000 as per Hindu rites. She gave birth to a girl child on 29.6.2001 and to a boy on 27.5.2003. On 17.2.2005 Smt. Vijaylaxmi came to be employed as Teacher in a Government School. In the year 2009 she preferred an application as per Section 13 of the Hindu Marriage Act, 1955 to get her marriage annulled on the count of cruelty said to be advanced by the respondent. As per the appellant, her husband was in habit of harassing and humiliating her on the count of dowry and was also snatching the entire salary earned by her. He also threatened to deface the appellant by pouring acid. Looking to the cruel attitude of the respondent she left her matrimonial house and proceeded for Badaut (Uttar Pradesh), her parental house.

(3.) The respondent contested the application with assertion that whatever allegations made are false, he never demanded dowry and also not grabbed the wages earned by the appellant. As per the respondent, the appellant had extra marital relations with one Shri Devendra Singh Chouhan with whom he was keeping bigamous relations since March, 2009. It was also stated that the wages earned by the appellant were used to be deposited in her own bank account and 'stridhan' was also with her.