SMT. ANITA DHARAM WIFE OF SHRI VINOD KUMAR AND DAUGHTER OF SHRI BABU LAL NENIWAL Vs. VINOD KUMAR SON OF SHRI BADRI NARAIN

JUDGEMENT

(1.) The instant appeal is directed against the judgment and decree dated 25.02.2010, whereby Id. Family Judge No. 1, Jaipur has allowed the petition filed on 23.04.2007 under section 13(1) of the Hindu Marriage Act, 1955 ('the Act of 1955') by the husband-respondent Vinod Kumar and passed the decree for dissolution of marriage which took place on 11.12.2000 between the parties.

(2.) Facts in brief which are relevant for our consideration are that out of the wedlock one girl child namely Riddhima was born on 01.09.2003. The relations between the parties remained cordial for some time, but thereafter because of matrimonial discord, wife-Anita went to her maternal home and stayed there. Husband Vinod filed a petition under section 9 (Ex.-1) of the Act of 1955 on 11.07.2005 before the Id. District Judge, Tonk. Good senses prevailed in the parties and a compromise (Ex.-2) took place between them on 20.05.2006. The husband agreed to keep his wife peacefully and she also agreed to fulfil the matrimonial obligations as per the customs and traditions. But the compromise could not materialize and Anita had to file an application (Ex.-A/1) on 25.08.2006 seeking execution thereof. Meanwhile, because of continuation of dispute between the parties, Vinod filed a petition (Ex.-A/4) under section 13 of the Act of 1955 on 01.08.2006. Again compromise (Ex.-A/2) took place between them on 25.09.2006 and both of them went to their matrimonial home straight away from the Court. Vinod also got his petition filed under section 13 dismissed as withdrawn.

(3.) It appears that even thereafter the relations between the parties remained strained. Vinod again filed a petition under section 13 of the Act of 1955 on 23.04.2007 mentioning therein that wife-Anita continued to make false allegations against him and his family members, she used to pick up quarrels and tried to lower down them in self esteem. She even threatened to implicate them in some false case regarding demand of dowry and also to send them behind the bars. Even she hit the forehead of Vinod by bucket, which caused grievous injury to him. It was further alleged in the petition that family members of Anita took her to Kotkhawda, her maternal place. She filed a false report (Ex.-7) on 13.01.2007 at Police Station Chaksu for the offence punishable under sections 498A, 406 and 323 IPC against Vinod and his family members. She continued to file various complaints against Vinod, one such complaint under section 12 of the Protection of Women From Domestic Violence Act, 2005 ('the Act of 2005') was filed before the Court of ACJM No. 4, Jaipur City, Jaipur. She filed a false FIR against 27 persons implicating Vinod, his family members and even neighbours and got Vinod and his parents arrested. She also raised demand of Rs. 2,00,000/- when Vinod went to take her back. In this background, Vinod made the prayer for dissolving the marriage dated 11.12.2000 by filing the petition under section 13 of the Act of 1955.