Mere allegations of cruelty, without specific details or corroborating evidence, do not constitute cruelty as defined under Section 13 of the Hindu Marriage Act.

Dinesh Chandra Somani, J.

The instant appeal has been preferred by the appellant-wife under Section 19 of the Family Courts Act against the judgment and decree dated 19.9.2006 passed by Judge, Family Court, Ajmer (hereinafter referred to as 'the Family Court') in Matrimonial Case No.117/2006, whereby the petition filed by the respondent-husband under Section 13 of the Hindu Marriage Act for seeking divorce, was allowed.

2. Skeletal material facts necessary for the disposal of the appeal are that the respondent-husband has filed petition under Section 13 of the Hindu Marriage Act (hereinafter referred to as the 'Act') for seeking divorce on the ground of cruelty with the averment that marriage between the appellant and the respondent was solemnized according to Hindu rites and customs on 3.12.1997 at Jaipur. Thereafter, the appellant-wife was living with the respondent-husband and his parents at B-39, Triveni Nagar, Jaipur. After marriage, the respondent-husband came to know that the appellant-wife is suffering from mental derangement and thus, the appellant used to cry and misbehave with her in-laws on very small things. The appellant is under influence of her parents. She used to shout, abuse, leave no occasion for quarrel and being aggressive. These were a recurring and continuous behavior by appellant-wife Meena with all members. It shows that the appellant-wife is suffering from mental disorder. The appellant-wife always reiterated that she is an educated woman and her father-Shri Ramgopalji and brother-Shri Mahesh are Advocates in Kishangarh and gave threats to respondent-husband to send him and his parents to Jail in a false case.

3. The respondent-husband also pleaded that the appellant-wife quarreled with the respondent-husband on petty matters and she used filthy language and gave threats to commit suicide also. When the respondent-husband complained to her parents with regard to her behavior, they simply said that the appellant is not at fault and the respondent-husband and his parents have to adjust.

4. It is also pleaded that from their wedlock a male child Rajat was born on 7.11.1999, then too the behavior of the appellant did not change. On 5.12.1999, the respondent-husband organised function and Pooja i.e. 'Jalwa Pujan' at Jaipur and a number of relatives, friends and neighbours including parents of the appellant were invited. In this public function, the appellant-Meena and her parents raised voice, quarreled, demanded the only house of Shri S. C. Goyal in favour of appellant-Meena and when the respondent refused to do so, they insulted, shouted and created chaos publicly and the function was disturbed and the image of the respondent's family was tarnished in front of all friends, relatives and neighbours.

5. It is also averred that the respondent-husband has three married sisters-Smt. Anita, Smt. Rashmi and Smt. Neelima and they are living at their matrimonial home, but whenever they come at respondent-husband's home to celebrate festival etc., the appellant-wife always quarrelled and misbehaved with them, even went to their matrimonial home and used filthy language.

6. It is also averred that in the month of June, 2000, the appellant-wife after quarreling with her parents-in-law and without taking permission from them, left her matrimonial home and shifted to her maternal home at Kishangarh. The respondent-husband, his father and his other relatives went to Kishangarh and talked with her parents and also told them about the behavior of the appellant-wife with them. The parents of the appellant-wife felt sorry for the behavior of the appellant and assured them that she would not repeat the same. On being assured, the respondent's father and his relatives took the appellant to her matrimonial home i.e. Jaipur on 5.8.2000, but later the appellant-wife repeated the same behavior with the respondent-husband and his parents.

7. It is further averred that looking at the continuous quarrel, shouting and ill behavi