NAND LAL Vs. SMT SEEMA

JUDGEMENT

(1.) In this misc. appeal filed under Section 19 of the Family Court Act, the appellant- Nandlal, has challenged the judgment dated 09.02.2017 passed by learned Judge, Family Court, Rajsamand, in Civil Misc. Case No.362/2016, whereby the learned court below allowed the application under Sections 13 and 25 of the Hindu Marriage Act, 1955 (Act of 1955) filed by respondent- Smt. Seema, and while granting divorce decree directed the appellant-Nandlal, to pay maintenance of Rs.5000/- to the wife u/s 25 of the Act of 1955.

(2.) As per facts of the case, the marriage of appellant with respondent- Seema is not in dispute, but the respondent/wife preferred application u/s 13 of the Act of 1955, stating therein that her marriage was solemnized with the appellant in childhood in Village Nimbadi as per Hindu customs. After the marriage, the behavior of her husband and in-laws become quarrelsome and they used to allege that, ...[VERNACULAR TEXT OMITTED]... Further, it is alleged that no dowry was given by her father and forced her to go in "Nata" marriage with other person. It is specifically averted that number of times family members of appellant- Nandlal, used to beat her and on 27.01.2015 her husband Nandlal and mother-in-law, Smt. Santu Bai, gave beatings by "Lathi" and her ornaments which she was wearing, were snatched from her forcibly and she was ousted out from the house. It is also stated that the appellant solemnized "Nata" marriage with one Pushpa Gurjar, and she too is living in adultery and she is living at her parents' house in Village Nimbadi.

(3.) The respondent/wife made serious allegations with regard to demand of dowry, so also, using filthy words and causing injuries on number of times. It was thus prayed that application u/s 13 of the Act of 1955 be accepted.