DR. NARESH AGARWAL Vs. SMT. PALLAVI

JUDGEMENT

(1.) The present misc. appeal has been filed against the judgment dated 19.02.2009 passed by the learned Family court, Kota, wherein the application filed by the appellant-husband under section 13 of the Hindu Marriage Act seeking decree of divorce on the ground of cruelty and desertion has been rejected.

(2.) The facts in nutshell are that appellant-husband and respondent-wife got married on 17.04.2002 at Talvandi, Kota as per Hindu customs. That because of their strained matrimonial relation, the appellant filed an application under section 13 of the Hindu Marriage Act on 16.03.2005 before the learned Family Court, Kota stating inter alia that appellant got married with respondent on 17.04.2002 at Kota and no child was born out of the wedlock but the behaviour of respondent-wife with the appellant and his parents and relatives was abusive. It was further stated that the appellant was posted as Medical Officer in Primary Health Center, Mishroli, District Jhalawar. On 11.05.2002, the appellant's mother was hospitalized on account of heart attack where she remained in hospital upto 14.05.2002. On 15.05.2002, parents of the respondent came to Mishroli, District Jhalawar and remained with their daughter for almost 2-3 hours in closed room and thereafter, the behaviour of the respondent with the appellant and his family members became rude. It was averred that because of the accident of appellant's elder brother Shri Damodar, he had to stay in hospital from 26.05.2002 at Kota. The appellant being a doctor had to take care of his elder brother but even during that period, the respondent-wife insisted the appellant to go back to Mishroli instead of taking care of his elder brother.

(3.) The appellant pleaded that on 15.06.2002, the respondent's father wrote a letter to the appellant's father and sent a copy to one Shri M.C. Mittal of Orai and to Mr.Ghanshyam Das Ji of Kota, their close relative/friend. The said letter was full of allegations against the appellant about his relation with his elder brother's wife (Bhabhi) and the contents of the letter not only caused mental agony but serious disrepute in the society as the letter was circulated to the members of the family.