LAXMI GEHLOT Vs. BADRI NARAYAN GEHLOT

JUDGEMENT

(1.) This appeal has been preferred by appellant Laxmi Gehlot against the order of the learned Family Court, Ajmer passed on 14. 12. 2010 in Divorce Petition No. 82/2004 filed by Shri Badri Narayan (husband) u/s 13 of the Hindu Marriage Act, 1955 (for short "the Act") against Smt. Laxmi Gehlot (wife) whereby the learned Family Court annulled the marriage with effect from the date of the order i. e. 14.12.2010.

(2.) Brief facts giving rise to this appeal are that the marriage between the parties was solemnized on 23. 6. 1978 at Jodhpur according to the Hindu rites and customs. The spouses are blessed with two daughters, one of them died on 8.10.1985. The respondent husband was working in Kendriya Vidhalaya Jodhpur. When the respondent husband came his village at Dhrangdhra, the appellant wife would like to remain at her parents house and when the respondent husband came at Jodhpur, the appellant wife used to come her in-laws house. Thus the behaviour of appellant wife became cruel towards respondent husband and his family members. The appellant wife did not take interest in the household work and used filthy language. On this account, the respondent husband and his family members felt insult before their relatives and neighbours. The appellant wife used to go her parental house at Jodhpur without any information. In the year 1979, when respondent husband decided to remain at his parental house at village Chokha, District Joahdpur but the appellant wife clearly refused to remain in village. Father of the appellant wife went to Jodhpur for pressurizing to live Ghar Janwai and this was impossible for respondent husband. On 10.6.1980, father of appellant wife went to respondent's house along with a team of punk of Nagauri Bera and threatened to respondent to remain at Jodhpur. Father of respondent expired on 24.7.1980. Appellant wife went to Jodhpur on 8.8.80 taking her all 'Stridhan'. The respondent husband complained to the relatives of appellant wife. The appellant wife deserted the respondent husband since 16.8.1980.

(3.) In reply, the appellant wife denied all the facts except marriage and two daughter. She stated that her second daughter expired due to his misbehave. She stated that she used to live at in-laws house at Jodhpur. She stated that she or her parents never told to remain him at Ghar Janwai. So, the petition be dismissed.