SAROJ Vs. SATYENDRA SINGH

JUDGEMENT

(1.) This appeal has been preferred by the appellant wife against the order of the learned Family Court, No.3, Kota passed on 13/12/2017. By this order, the learned Family Court dismissed the Matrimonial Case No.166/2016 filed u/S. 13 of the Hindu Marriage Act, 1955 (for short' the Act' ).

(2.) Brief facts giving rise to this appeal are that the appellant wife filed an application u/S. 13 of the Act before the Learned Family Court, No.1, Kota which came before the learned Family Court No.3, Kota, after transmission order of the High Court, for disposal. The marriage between the parties was solemnized on 20/6/2000 at Jodhpur. The marriage between them was inter-caste marriage as the appellant is by caste Jangid Brahmin and respondent husband is by caste Rajput. After marriage, the appellant and respondent lived as husband and wife at Kota. Out of their marriage wedlock, two children - one male child, namely Mehul on 7/4/2001 and another female child, namely Kritika on 8/2/2006 were born out. After birth of daughter, respondent husband purchased a Polish Factory in Village Sohankheda, Tehsil Ramganjmandi, District Kota and at that time, the behaviour of the respondent husband was very nice. But after that time, he changed his bahaviour and without any cause or reason committed cruelty. He sped talking to his wife and used to abuse her. His behaviour is such that he even snatched and threw her' Mangalsutra' . As and when their children were not feeling well, he did not care for them. Respondent husband refused to bear the household expenses and school fee of the children. Respondent husband deserted her and started living at Sohan-kheda for two years.

(3.) Respondent in his written statement denied the allegation levelled by appellant and in his special objection contended that appellant left the house without any cause. He also stated that she threatened him to implicate in false cases. He does not want to divorce her. He wants to live with her children. His children were residing with him. Prayer is therefore made that the petition should be dismissed.