KIRAN Vs. HARISHANKAR YADAV

JUDGEMENT

(1.) Challenge in the instant appeal has been made to the judgment and decree dtd. 24/9/2015 passed by the learned Judge, Family Court No. 2, Jaipur, whereby the learned Family Court while allowing the application filed by the non-appellant/applicant-husband ('the applicant-husband' for short) under Sec. 13 of the Hindu Marriage Act, 1955 ('the Act of 1955' for short) passed a decree of divorce against the appellant/non-applicant ('the non-applicant-wife' for short) and dissolved the marriage.

(2.) Brief facts of the case are that the applicant husband filed a petition under Sec. 13 of the Hindu Marriage Act, 1955 ('the Act of 1955' for short) against the non-applicant- wife seeking decree of divorce before the learned Family Court No. 2, Jaipur mentioning therein that on 24/6/2011 the marriage was solemnized in between the parties as per Hindu Rites at Village Amarpura, District Jaipur. After marriage, the non-applicant-wife on the pretext of illness denied to make physical relations with him and slept in another room and told that she did not want to marry him but she wanted to marry her class-mate of Ghaziabad with whom she had close relations.

(3.) The non-applicant-wife filed written statement of total denial mentioning therein that she never refused for physical intercourse with her husband and also denied allegation about the relations with class-mate, rather the applicant-husband lodged an FIR for the offences under Sec. 384, 385, 387, 389 and 129 IPC at Police Station Bhankrota against her and her family members. The non-applicant-wife further stated that her husband and his family members teased her in the name of bringing less dowry and she was not even permitted to make any telephone conversation or talk with any person. Uncle of the applicant husband tried to tease the non-applicant-wife by touching indecently and used to make vulgar gestures. The divorce petition has been filed with intention to any how get rid of from the non-applicant-wife.