DIVYA PAREEK Vs. GAURAV PAREEK

JUDGEMENT

(1.) This appeal has been filed on behalf of the appellant (hereinafter to be referred as 'wife') under Sec. 19 of the Family Courts Act, 1984 against the judgment and decree dtd. 2/11/2021 passed by the learned Family Court No.1, Jaipur Metropolitan-I, Jaipur whereby the application filed on behalf of the respondent (hereinafter to be referred as 'husband') under Sec. 13 of the Hindu Marriage Act, 1955 (hereinafter to be referred as 'Act of 1955') was allowed.

(2.) Brief facts of the case are that the husband filed a divorce petition under Sec. 13 of the Hindu Marriage Act, 1955 against the wife, stating therein that the marriage between the parties was solemnized on 22/4/2014. It was further stated that the conduct and behaviour of the wife from the very inception of the marriage was cruel towards the husband and his family members. It was further stated that the wife was in a habit of insulting the husband in the presence of family members and friends and frequently created disturbances in the household. It was further stated that the wife on various occasions pressurized the husband to live separately from his family. It was further stated that during her pregnancy, the wife insisted the husband for residing at Jaipur, thereafter, she went at her parent's house, where she allegedly got the pregnancy terminated on 11/9/2014 without informing the husband. It was further stated that due to the disturbances created by the wife, the husband gone in depression and on that account he lost his job. It was further stated that on 24/4/2015, the wife lodged a false FIR against the husband and his family members, in which a final report was submitted and she also filed a false complaint against the husband under the Protection of Women from Domestic Violence Act, 2005 (hereinafter to be referred as 'Domestic Violence Act'). It was further stated that on 1/6/2014, the wife left the matrimonial home without informing anyone and started residing with her parents at Jaipur. On these grounds, the husband prayed for dissolution of marriage by a decree of divorce.

(3.) The wife filed her reply to the said application and denied all the allegations made by the husband. She stated that the husband and his family members were demanding dowry. She further stated that she never insulted the husband or his family members, nor did she create any disturbances in the household. She further stated that during her pregnancy, she was not properly cared by the husband and his family members and was compelled to perform household work, due to which she suffered a miscarriage. She further stated that her mother-in-law and sister-in-law subjected her to cruelty without any reasonable cause, which compelled her to leave the matrimonial home. She further stated that the husband was having illicit relations with another woman. On these grounds, she prayed for dismissal of the divorce petition.