NIKITA W/O DEEPAK KHAMESARA Vs. DEEPAK KHAMESARA

JUDGEMENT

(1.) None appears for the respondent today in spite of service being effected.

(2.) Heard learned counsel for the appellant and perused the trial court record.

(3.) The appellant sought divorce alleging cruelty. The petition which was filed in the year 2014 pleading that marriage between the parties was solemnized as per Hindu Customs on 12.12.2011. At the time of marriage dowry commensurate with the social status of the parties was given by her parents. She resided with her husband and her in-laws after the marriage and initially the conduct of the family members towards her was fine. But after some time dowry in a sum of Rs. 2,00, 000/- and a Centro Car was demanded. On account of demand not being fulfilled, she was confined in a room and beaten on 28.12.201 Her Stridhan was taken in possession by her in-laws. After being beaten she was thrown out of the house. She reached house of her parents. Repeated efforts made by her parents for amicable resolution were frustrated by her in-laws. Because her stridhan was misappropriated by her in-laws, she was forced to lodge a complaint in Mahila Thana, Bhilwara for offences punishable under Section 498A/406 IPC. In the said proceedings settlement took place between the parties as per which it was agreed that her dowry articles would be returned and the couple would file an application for divorce by mutual consent. An application under Section 13B of the Hindu Marriage Act was thereafter filed but was dismissed on account of respondent's not appearing. In the interregnum she withdrew the complaint made at the Mahila Thana. She pleaded that since she was turned out from the matrimonial house on 28.12.2013, she was residing with her parents.