JUDGMENT :

Inderjeet Singh, J.

1. This appeal is directed against the judgment and decree dated 15.07.2017 passed by the learned Family Court, Jhunjhunu in Civil Misc. Case No. 293/2014 (34/2016) (130/2016), whereby the application filed by the appellant under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (hereinafter to be referred as 'Act of 1955') was dismissed.

2. Brief facts of the case are that the appellant (hereafter 'wife') filed an application under Section 13(1)(ia) of the Act of 1955 against the respondent (hereafter 'husband') before the learned Family Court, Jhunjhunu seeking decree of divorce on the ground of cruelty. It was stated that the marriage of the applicant with non-applicant (hereafter 'the husband') took place as per Hindu Customs on 27.04.2001 and out of this wedlock one son born on 24.06.2003 and one daughter was born on 28.12.2005 respectively. It was further stated in the application that both of them were living together as husband and wife but the behavior of the husband with her was very cruel. The husband on the instigation of his father, brother and bhabhi used to torture and misbehave with her. It was further stated that for a long period she kept quiet and ultimately she told about such behavior of the husband to her parents and other family members. It was further alleged that at the time of birth of her son in the year 2003 her father gave a lot of gifts but the husband demanded more dowry and harassed her for about two years; she again gave birth to a daughter in the year 2005 and the behavior of the husband was cruel to her. Routinely he used to misbehave and torture her and her family members with demand of dowry. It was also stated in the application that the husband used to consume drugs (Ganja) and beat to her along with children often and ultimately the husband threw her out of his house along with children in the year 2011 due to non-fulfillment of demands of dowry.

3. It has also come on record that on account of demand of dowry by the husband and cruelty by him, the wife lodged a complaint which the police registered FIR (394/2012) against him in which after investigation a charge-sheet was filed, by the investigating agency on 23.11.2012. The charges were also framed under Section 498-A and 406 of IPC against the husband. It was further stated that on account of cruelty made by the husband she started living separately since May, 2012. Lastly, she claimed a decree of divorce under Section 13(1)(ia) of the Act of 1955.

4. The husband filed a reply to the application denying the allegations of cruelty. It was further stated that the wife started living with her parents since 2011. The husband helped her to undergo higher studies and ultimately she got the degree of B.Ed. It was alleged that as she wanted to marry someone else, she lodged a false criminal complaint against him, alleging that he made of demands of dowry. He stated that he was ready to live with his wife. Therefore, he sought rejection of the petition seeking divorce.

5. The learned Family Court on the basis of pleadings of the parties framed the following issues:-

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6. The wife in support of her case produced two witnesses namely AW-1 (herself) and AW-2 Surendra Pareek and she also produced copy of FIR No. 394/2012, marriage certificate and the charge-sheet and got them exhibited as Ex. 1, Ex. 2 & Ex. 3 respectively.

7. The husband in support of his case produced two witnesses namely NAW-1 (himself) and his brother-in-law NAW-2 Damodar Pareek and also produced copy of the warrant which was exhibited as Ex. 4.

8. The Family Court after hearing the parties and going through the evidence submitted on behalf of the parties, dismissed the ap