RAJ KUMAR SHARMA Vs. SMT. MANJU

JUDGEMENT

(1.) The instant appeal has been preferred by the appellanthusband under Section 19 of the Family Courts Act against the judgment and decree dated 25. 08. 2012 passed by the Judge, Family Court No. 2, Jaipur (hereinafter referred as "the Family Court") in Matrimonial Case No. 459/2007, whereby the petition filed by the appellant-husband under Section 13 of the Hindu Marriage Act for seeking divorce, was dismissed.

(2.) The skeletal material facts necessary for disposal of this appeal are that the appellant-husband has filed a petition under Section 13 of the Hindu Marriage Act (hereinafter referred to as "the Act") for seeking divorce on the ground of cruelty and desertion with averment that the appellant was married to the respondent on 28. 04. 1999 in Chomu District Jaipur according to Hindu rites and customs. The marriage has not been registered. Thereafter, the respondent-wife was living with the appellant/husband at Bhrahmkoop Ki Bagichi, Jaipur City. Out of the wedlock, the respondent-wife gave birth to a male child named Roshan, who is presently 7 years 6 months old. This is pleaded case of the appellant-husband that after marriage, he came to know that the respondent-wife is suffering from mental derangement and she behaves like distracted. The appellanthusband got her treated. She had been fine for a while but after sometime she started doing her own actions. Respondent-wife's brother Kailash took a loan of Rs. 80,000/- from the appellant for his son's marriage and Pappu @ Hari Mohan took a loan of Rs. 50,000/- from the appellant for marriage of his own. When the appellant-husband demanded the loan amount, the respondentwife started misbehaving with the appellant-husband on instigation of her brothers. The respondent-wife used to blame parents of the appellant-husband on false accusations, though they were living at Kota.

(3.) It is also pleaded by the appellant-husband that alongwith son, all the jewellery and clothes given to respondent-wife from both sides, she went to her parents' house to attend marriage of her brother Pappu @ Hari Mohan, but thereafter she did not come back to her matrimonial home and she is staying there under influence of her mother and brother. Despite request, respondentwife did not come to her matrimonial home even when the appellant's mother had an accident.