NEHA TYAGI Vs. LIEUTENANT COLONEL DEEPAK TYAGI

JUDGEMENT

(1.) Decree of divorce can be granted on the ground of making false complaints to higher authorities just to tarnise the image. Narendra Singh Dhaddha, J.--Respondent Lt. Col. Deepak Tyagi had presented an application for divorce on 25.11.2014 against his wife Neha Tyagi before the learned District & Sessions Judge, Jalandhar from where, the matter was transferred to the learned Family Court No. 1, Jaipur by the direction of the Supreme Court for disposal according to law.

(2.) This appeal has been preferred by the appellant wife against the order of the learned Family Court No. 2, Jaipur passed on 19.5.2018 whereby the learned Family Court allowed the matrimonial Civil Case No. 1496/2016 NCV No. 482/2016 filed under Section 13 of the Hindu Marriage Act, 1955 (for short "the Act") dissolving the marriage solemnized between them on 16.11.2005 with effect from the date of order i.e. 19.5.2018.

(3.) Brief facts giving rise to this appeal are that the marriage of the appellant was solemnized with respondent on 16.11.2005 as per Hindu rites and customs without any demand of cash or dowry. The spouses lived one week at Kolkata where they consumed the married life. The spouses were blessed with male child Parnav Tyagi on 23.2.2008. The behaviour of the appellant was very cruel towards respondent and his family members. The appellant used to insult them. She refused to care them and frequently used to go her native place. The appellant had left the company of respondent in the month of May, 2011 along with her minor son with understanding to join the company of respondent within ten days, but she did not return back. The respondent himself visited Jaipur and requested on several occasions i.e. in September, 2011, December, 2011 and January, 2012 but the appellant did not join him. The appellant had attacked the employment of the respondent by filing frivolous complaints to his superiors.