ASHOK KUMAR SHARMA Vs. UMA TIWARI

JUDGEMENT

(1.) . This petition is directed against the judgment and decree dt. 27.09.2017 passed by Family Judge No. 1, Jaipur, whereby learned Court below has dismissed the divorce petition and has declined to grant decree for annulment of marriage.

(2.) . Brief facts as divulged by the pleadings discloses that Ashok Kumar Sharma petitioner and Smt. Uma Tiwari got married on 18.02.2006 at Bharatpur, upon one or the other pretext Smt. Uma Tiwari expressed aspersion and reluctance for forging relations and after marriage petitioner went back to place of her employment to other town, whenever petitioner visited Naraina, respondent did not please and uttered that petitioner has got no reason to visit there, she often asked the petitioner to buy a good property in her name at Jaipur, where she could reside, twice she got pregnancy terminated and uttered that she did not like petitioner, so doesn't want to permit survival of lineage of his family.

(3.) . In the written statement allegations levelled in the pleadings have been refuted and defendant-respondent has pleaded that she was maltreated for demand of dowry, despite bestowing of sufficient dowry she was perpetrated with cruelty and given beatings by her husband and was taunted upon and beatings were given by her mother-in-law. She was never extended with love rather was forced to pay salary amount and was always ill-treated and was forcibly ousted from in-laws' house and thus compelled to file criminal FIR against her in-laws, the primary FIR was coercively persuaded to be compromised and in subsequent one, charge-sheet has been filed and criminal trial is sub-judice against her husband and his parents. She has been forced to stay separate owing to safety and has thus denied the pleadings agitated in the plaint. The Court below, while dealing with the evidence of both the sides, has declined to grant decree for divorce.