SMT. SHARDA Vs. MANOHAR DAS

JUDGEMENT

(1.) In this D.B. Civil Misc. Appeal filed under Section 28 of the Hindu Marriage Act read with Section 19 of the Family Court Act, 1984, the appellant wife is challenging the judgment of divorce decree dated 10.9.2015 passed by the learned Judge, Family Court, Bikaner in Civil Misc. Case No.791/2012 by which the learned Family Court allowed the application filed by the respondent Manohar Das under Section 13 of the Hindu Marriage Act whereby the divorce decree in faovur of the respondent is granted.

(2.) As per the facts of the case the marriage of the appellant Smt. Sharda D/o Mindadas was solemnized 31 years ago as per the Hindu rights. From the said wedlock of the appellant and respondent, five children namely Babu Lal, Shanker, Kailash, Bebi Radha and Puja were born. All the children are living with the appellant mother since their birth. As per the pleading after marriage the behaviour of the respondent husband became so quarrelsome and from last 12 years relationship in between the appellant and respondent was not healthy.

(3.) As per the allegation of appellant, respondent husband was regularly torturing her and he was regularly giving threatening for divorce and demoralizing her like anything. As per appellant, she and her children remained silent because there is no other source of income for appellant to maintain her and her children. The appellant is facing financial hardship because no one is there to maintain them.