BHAVNA SHARMA Vs. DEVENDRA KUMAR SHARMA

JUDGEMENT

(1.) Challenge in this appeal is to the decree dated October 20, 2005 of the Family Court No. 2, Jaipur whereby petition under Section 13 of the Hindu Marriage Act, 1955 submitted on the ground of cruelty by respondent-husband was allowed and marital ties between the appellant-wife and respondent-husband were ordered to be snapped.

(2.) Contextual facts depict that marriage between the appellant-wife and respondent- husband took place on February 4, 1990. In fact respondent-husband entered into second marriage with the appellant after seeking divorce from his first wife. Although three children were born out of the wedlock, their married life never remained calm and quiet. As per the averments made in the petition the wife immediately after marriage started quarrelling and abusing on petty matters. On every festival she used to call her parents and brother to quarrel and insult the husband. The wife did not give attention to household works and without seeking permission from the husband she used to visit her parents and remained there for months together. In the petition number of illustrations have been incorporated to show that cpnduct of wife was cruel towards the husband.

(3.) In reply to the petition the appellant- wife denied the allegations levelled against her. It was stated by her that she never quarrelled with family members of the respondent-husband. She averred that since the husband was a patient of Asthma and high Blood Pressure he used to get angry on every petty matter. On November 18, 2001 the husband himself showed anger abused the wife, beaten up children and ousted the wife from his house.