MAHAVEER SEN Vs. RITU KUMARI

JUDGEMENT

(1.) This appeal is directed against the judgment and decree passed by Family Judge No. 3, Kota dated 27.04.2017, whereby learned court below has declined to grant decree for dissolution of marriage under Section 13 of the Hindu Marriage Act 1955.

(2.) Appellant/petitioner Mahaveer Sen son of Kanhaiya Lal filed a divorce petition against his respondent wife Smt. Ritu Kumari, pleading that the couple solemnised their marriage on 16.01.2012 at Kota, respondent Smt. Ritu Kumari lived peacefully for eight to nine months, later her behaviour became cruel against the petitioner and she started misbehaving and abusing her husband as well as father-in-law and mother-in-law, Rupesh was born out of the wedlock, respondent abandoned matrimonial house in December 2012, when she was teemful and refused to come back to join consortium, after vigorous efforts, she yielded to come back in the month of February 2014 but her behaviour remained cruel, she would not perform domestic chores and used to sleep for whole the day or idle away by taking kid in the lap. She threatened to commit suicide, so family members kept mum and endured unpleasant, on 18.4.2014 petitioner tried to make her understand to live peaceful life and to perform domestic chores, on 18.05.2014 respondent left house of the petitioner, in his back and went away to her parental home, petitioner tried his best to bring her back but she did not yield, on 3.9.2014 a legal notice was served. Attitude of the respondent became intolerable so, petitioner has filed divorce petition.

(3.) Respondent, while accepting factum of marriage and begetting of kid, has pleaded that she was subjected to cruelty and demand of dowry was also made and she was ousted, when she was pregnant after giving beatings by petitioner Mahaveer Sen, rebutting pleadings of alleged maltreatment, she has also pleaded that she observed her bridal duties and gave respect to members of her husband's family, who being greedy for dowry, perpetrated torture and cruelty, in additional pleas, it has also been pleaded that after marriage, her in-laws were sarcastic and used to pass taunts for bringing less dowry, she has further pleaded that her in-laws tried black magic and sorcery upon her and compelled her to eat unacceptable objects in odd hours and has pleaded not to accede with the prayer to grant divorce.