BEENA SHARMA Vs. OM PRAKASH

JUDGEMENT

(1.) THE appeal No. 1613/1999 has been filed by the wife Smt. Beena Sharma being aggrieved by the judgment of Family Court No. 1, Jaipur dated 7. 10. 1999 allowing the application under Sec. 13 of the Hindu Marriage Act, 1955 for divorce filed by respondent-husband. THE second appeal No. 1616/99 has been filed by appellant-wife under Sec. 18 of the Hindu Adoption & Maintenance Act, 1956 claiming maintenance from the husband which was rejected. THE facts in brief leading to these present appeals are as under:

(2.) THE parties Om Prakash and Beena Sharma got married according to Hindu rites on 23. 5. 87 at Jaipur. According to the appellant husband, soon after the marriage, respondent-wife, appellant herein, started pressing upon him that he should leave his parents and live separately and she indulged into fights with the applicant-husband and his family members. After three months of the marriage, the respondent-wife left the house of applicant- husband and went with her brother Ram Dayal. On 10. 10. 87, she again came with her uncle Surajmal and on the excuse of engagement ceremony of her brother Ram Dayal, she sent along with her "stridhan" in the form of Sarees and jeweleries and since then she has not returned back to the matrimonial home and, therefore, the divorce application was filed on the ground of cruelty and desertion. It is further the case of the applicant-husband that on 15. 2. 90, the respondent wife lodged a false criminal complaint against him and his family members in Mahilla Thana, Manak Chowk, Jaipur which was found to be false upon investigation by the police and on 20. 4. 90, upon a mutual settlement between the parties in the presence of reputed members of the society, an agreement in writing was recorded between the parties to live separately and her "stridhan" was returned back to her. THE applicant-husband has further stated in the application that his wife came in his office and making allegation of illicit relationship of applicant-husband with one Smt. Usha Wadhwa who was his office colleague and she fought with the said lady Usha Wadhwa and also alleged that applicant-husband had illicit relations with her and he had two issues, one son and one daughter from the said lady.

(3.) AS against this, the applicant-husband PW-1 Om Prakash in his statement while reiterating the insistence of appellant-wife to live separately also said that since her uncle Surajmal was Dy. Home Secretary, she got lodged a false report against husband on 15. 2. 1990. He also stated that Smt. Usha Wadhwa was only working in his office and he had no illicit relations with her. The other witnesses who appeared in support of husband, have stated that appellant-wife had left the house of husband on her own.