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2019 Supreme(Raj) 577

IN THE HIGH COURT OF RAJASTHAN BENCH AT JAIPUR
MOHAMMAD RAFIQ, NARENDRA SINGH DHADDHA, JJ.
Neha Tyagi - Appellant
Versus
Deepak Tyagi - Respondent
D.B. Civil Miscellaneous Appeal No. 2845 of 2018
Decided On : 18-09-2019

Advocates Appeared:
For the Appellant : Rajendra Prasad, Senior Counsel assisted by A.S. Shekhawat.
For the Respondents: Manoj Kumar Bhardwaj, Vivek Sharma.

Headnote:

Hindu Marriage Act, 1955 – Section 13 – Dissolution of Marriage - Marriage of the appellant was solemnized with respondent as per Hindu rites and customs without any demand of cash or dowry - Behavior 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 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 but the appellant did not join him - The appellant had attacked the employment of the respondent by filing frivolous complaints to his superiors – Held, Appellant in her statement stated that these facts came to her knowledge from certain army personnel but she had not produced evidence of any of them to prove these facts. All these allegations were made to tarnish the image of the respondent. These complaints or enquiry were found to be false and frivolous. The respondent had to face inquiries but these false allegations levelled by the appellant amounted to cruelty. Findings of the learned Family Court cannot be said to be unfounded. The learned Family Court, in our view, has rightly decided the issue of cruelty against the appellant – Appeal dismissed

ORDER :

Narendra Singh Dhaddha, J.

1. 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 u/s. 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 behavior 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.

4. In reply, the appellant denied the allegations levelled by the respondent in the petition and stated that the grounds for cruelty and desertion were baseless and frivolous. At the time of ring ceremony, the respondent and his parents pressurized her father for cash. On their sudden demand, a demand draft of Rs. 4,00,000/- was given. The appellant never misbehaved the respondent and his family members. In the moths of July and August, 2007 while she was pregnant living with her husband at Shilong, respondent did not care her and also not consult the doctor. He wanted represent himself as unmarried man. In June 2009, she joined the matrimonial home at Jalandhar with the hope to save her married life but behavior of the respondent remained the same. He used to torture her. In the year 2011, the appellant remembered that on the occasion of first birth day of their child, respondent had taken leave and visited Mumbai, Pune and Goa with another woman. He had illicit relation with that woman. He had taken Insurance Policy through agent Evangeline. In February, 2009 the respondent visited Mumbai and Pune along with Evangeline on tour package. The respondent also transferred money from his account to the account of Evangeline. On 25.5.2011, the respondent had thrown out the appellant from his house with the warning that if she wanted to enter into his house, her father's property should have to transfer in his name.

5. From the pleadings, the learned Family Court framed issues:

"(1) Whether respondent-wife after solemnization of marriage on 16.11.2005 treated petitioner-husband with cruelty?

(2) Whether the respondent - wife has without any reasonable cause, deserted the petitioner husband continuously for more than two years?

(3) Relief?"

6. Respondent Lt. Col. Deepak Tyagi examined himself as AW-1 and his father Shri Virendra Singh Tyagi as AW-2. He exhibited 15 documents.

7. The appellant Neha Tyagi examined as NAW-1 and her father Shri Vinod Kumar Tyagi as NAW-2. She exhibited A-1 to Ex. A-15.

8. After hearing the learned counsel for the parties, the learned Family Court decided all the Issues in favour of the respondent and against the appellant.

9. Shri Rajendra Prasad, learned Senior Counsel f

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