SMT. MEETA SHARMA W/O SHRI SHASHIKANT BHARDWAJ D/O LATE SHRI LAXMIKANT SHARMA Vs. SHASHIKANT BHARDWAJ SHASHIKANT BHARDWAJ S/O LATE SHRI RAM SHARMA

JUDGEMENT

(1.) The present appeal has been filed by the appellant challenging the judgment and decree dated 28.06.2007 whereby the Family Court No. 2, Jaipur has allowed the application of respondent-husband granting him decree of divorce under Section 13(1) (i-a) and 13(1) (i-b) of the Hindu Marriage Act, 1955 and has further granted permanent alimony of Rs. 2000/- per month under section 25 of the Hindu Marriage Act.

(2.) Briefly stated facts of the case are that respondent applicant-Shashikant Bhardwaj was married with the appellant non-applicant-Smt.Meeta Sharma as per Hindu rites on 15.02.1996. The appellant and respondent were residing at Joshi Colony, Barkat Nagar, Jaipur though the respondent was serving as Government Teacher and was posted at Raniwal Maji, Tehsil Phagi, District Jaipur. The appellant started residing at Raniwal from the year 1999 in a rented premise and out of wedlock, a child (son) was born on 25.04.2000. The respondent-husband filed an application on 22.05.2003 in the Family Court No. 2, Jaipur under Section 13(1)(i-a) and 13(1)(i-b) of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act of 1955) for seeking a decree of divorce on the grounds of cruelty and desertion. It was pleaded in the application that the appellant-wife started abusing the respondent soon after marriage. She started giving threat of lodging false criminal case for demand of dowry and not willing to work. She also threatened that she had six brothers and they will break the legs and hands of the respondent. It was alleged that the appellant-wife caused mental cruelty to the respondent husband by various acts like not accepting the Saari from her sister-in-law (nanad); the appellant threw hot water upon the respondent on asking for serving tea to his friend; started demanding money etc. The respondent told his brother-in-laws about the cruelty meted to him but in turn they abused him. The respondent-husband also alleged about the misbehaviour with his sister and elder brother; frequent visits to her brother's house at Alwar; new demands and requirement of money and not fulfilling of the same threatening for lodging a false criminal case and putting him in jail. It was also stated in the application that the wife of one of brother-in-law of respondent-husband, namely, Smt. Madhu, who was also a Teacher posted at Raniwal started misguiding the other colleagues Teachers. The appellant refused to attend the Mundan ceremony and left the house by taking away Rs. 4000/-, clothes and other articles. Further, after returning from her parents house on 10.7.2000, she abused the respondent-husband and also came to the school with her brothers and started demanding Rs. 25,000/- and on refusal all started abusing in presence of staff of the school. The respondent was also summoned by police several times on false complaint filed by the appellant.

(3.) It was further pleaded in the application that without any reasonable cause, the appellant-wife deserted the respondent from 10.03.2000 and on 16.05.2003, the respondent came to learn about lodging of FIR by brothers of the appellant-wife on 23.04.2003. It was prayed in the application that on the ground of cruelty and desertion, the decree of divorce was liable to be granted.