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2023 Supreme(Raj) 2205

IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Manindra Mohan Shrivastava, Ganesh Ram Meena, JJ.
Smt. Pooja Chabra - Appellant
Versus
Mr. Kishor Chabra – Respondent
D.B. Civil Miscellaneous Appeal No. 1296 of 2018
Decided On : 01-02-2023

Advocates:
Advocate Appeared:
For the Appellant :Mr. Ramesh Chandra Kumawat, Advocate.
For the Respondent:Mr. Abhi Goyal, Advocate.

Headnote:(A) Hindu Marriage Act, 1955 - Section 13 - Divorce proceedings - The Family Court granted a decree of divorce to the respondent on grounds of cruelty and desertion, as the appellant exhibited rude behavior post-marriage and made demands compelling separation - The court found sufficient evidence for mental cruelty based on demands for separate residence, lodging of false criminal case, and refusal to return to the matrimonial home following a husband's injury - Permanent alimony awarded was increased from Rs. 4,50,000/- to Rs. 7,00,000/- for the wife. (Paras 12, 22, 40, 42)

(B) Mental cruelty - The insistence of the wife to live separately and creating a hostile environment was held to constitute mental cruelty against the husband - False allegations resulting in criminal charges against the husband were also treated as cruelty. (Paras 37, 40)

(C) Alimony - The court maintained a financial analysis confirming the husband’s capacity to pay increased alimony considering the welfare of the child. (Paras 41, 42)

Table of Content
1. grounds for divorce under hindu marriage act. (Para 1 , 2 , 3)
2. allegations of cruelty and desertion by the appellant-wife. (Para 4 , 5)
3. framing of issues by the family court. (Para 6 , 7)
4. court's reliance on evidence presented. (Para 8 , 9 , 10)
5. evaluating the evidence regarding cruelty. (Para 11 , 12 , 13)
6. misuse of criminal proceedings as a ground for cruelty. (Para 21 , 22 , 36)
7. non-attendance during injury not constituting cruelty. (Para 23 , 24 , 39)
8. modification of alimony amount. (Para 38 , 40 , 41)
9. final order and decree in divorce proceedings. (Para 42 , 43 , 44)

JUDGMENT :

This appeal is directed against judgment and decree dated 03.02.2018 passed by the Family Court, Dausa (for short 'the Family Court') whereby petition under section 13 of the HINDU MARRIAGE ACT , 1955 (for short 'the Act') filed by the respondent-husband has been allowed and a decree of divorce has been granted in favour of the respondent-husband.

2. Respondent-husband filed petition under Section 13 of the Act before the Family Court seeking decree of divorce on the ground of cruelty and desertion both, on the pleadings inter alia that the marriage between the parties was solemnised on 11.12.2010 and after about seven days of marriage, behaviour of the appellant-wife towards the respondent-husband and relatives became rude and indifferent. She threatened that she will get the entire family arrested. She was not interested in household works and used to watch T.V. It was further pleaded that appellant-wife and her relatives were continuously extending threat of implication in the criminal case. It was also pleaded that the wife used to go to her parental house in every 2-3 days and also used to enter into quarrel on this issue. She was habitual of talking on phone for long time and when the same was objected to, she used to quarrel. There.were other allegations made in the petition that the wife was not sharing usable. On 15.01.2011, parents and brother of the appellant-wife came and insisted to take her away by stating that they will send the appellant-wife back only when the respondent-husband arranges for a separate residence. Thereafter, the appellant-wife left the matrimonial house with her jewellery and clothes. Thereafter, a house was taken by the respondent-husband and the appellant-wife was informed but she did not come back. The appellant wife lodged a false report on 02.11.2011 at Mahila Thana, Gandhi Nagar, Jaipur. Attempt was made to bring about settlement and under the settlement, the respondent-husband was to arrange for a new house and he also arranged a new house. On 15.11.2011, the respondent-husband suffered an accident resulting in an injury on his right leg because of which he could not go to Dausa to bring his wife back. Despite having knowledge of this fact, the appellant-wife did not come to look after the respondent-husband and on the other hand, again went to Mahila Thana, Gandhi Nagar, Jaipur on 22.11.2011 for making a complaint. Though, efforts were made to bring about settlement in the counselling centre, but the wife did not cooperate. Despite several efforts made, the appellant-wife did not come back to the matrimonial house. Looking to the dispute and the conduct of the appellant-wife, father of the respondent husband disowned and deprived the respondent-husband of all the rights in the movable and immovable properties of the family. The respondent husband filed an application under Section 9 of the Act for restitution of conjugal rights in which though a settlement was arrived on 05.04.2013 that both the parties shall live together, which led to closure of the proceedings, however, the wife stayed only for two days thereafter with the husband and she did not allow the husband to cohabit. Thereafter, she again left the matrimonial house. Despite several attempts made, the appellant wife refused to come back. The family members of the appellant wife are persons of criminal background

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