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2013 Supreme(All) 1576

ALLAHABAD HIGH COURT
BEFORE : ASHOK BHUSHAN AND SURYA PRAKASH KESARWANI, JJ.
Smt. RUCHITA SRIVASTAVA ...Appellant
Versus
VIVEK SWAROOP ....Respondent
(First Appeal No. 175 of 2010, decided on 31st May, 2013)

Advocates:
Counsel :
Pankaj Lal, A.K. Gupta, A.P. Paul, Ajay P. Paul, B.B. Paul and Shashi Nandan for the Appellant; Anoop Trivedi, A.K. Gupta, Rajesh Kumar Sachan and S.K. Singh for the Respondent.

Headnote:Hindu Marriage Act, 1955—Sections 9 and 13—Divorce—Mental cruelty—Irretrievably break down of marriage—Lodging of FIR by appellant against respondent under Section 498-A of IPC and arrest of the respondent therein and also publishing allegation against her husband and his family members in newspapers and media were act of mental cruelty—From the materials and evidence including the oral evidence brought on record, the respondent proved that he was treated with cruelty—Parties appeared before Mediation and Conciliation Centre but not willing to re-conciliation—Marriage having irretrievable broken between the parties and husband having dealt with cruelty, the decree for grant of divorce as well as order of Family Court rejecting the application of wife under Section 9 of the Act maintainable—Respondent directed to make payment of Rs. 7.5 lacs to appellant towards permanent alimony. [Paras 17 to 22]

JUDGMENT

Hon’ble Ashok Bhushan, J.—This appeal has been filed by Smt. Ruchita Srivastava, the appellant, against the judgment and order of Principal Judge, Family Court, Allahabad dated 30th March, 2010 by which the Principal Judge, Family Court has dismissed the petition filed by the appellant under Section 9 of the Hindu Marriages Act, 1955 and decreed the petition of the husband, the respondent, under Section 13 of the Hindu Marriages Act, 1955.

2. Brief facts giving rise to this appeal are; the appellant was married with respondent on 12th February, 2007 at Allahabad. At the time of marriage, the respondent was posted as Senior Treasury Officer, Haridwar, State of Uttrakhand. Both, husband and wife are resident of district Allahabad. After the marriage, the appellant lived at Mumford Ganj house of the parents of the respondent. the respondent used to come from Haridwar and stay with wife at Mumford Ganj, Allahabad. On 5th May, 2007, the respondent took the appellant to Haridwar who stayed there at the official residence of the respondent. On 9th May, 2007, the respondent got the appellant examined by Dr. Deepa who advised to consult a psychologist. On 31st May, 2007, the respondent took the wife to Allahabad. On 6th July, 2007 the appellant came to Haridwar alongwith her parents and continued at Haridwar to live with her husband. On 6th July, 2007 there was a scuffle between the parents of the appellant and the respondent. The husband alleging that he suffered teeth bite by the mother of the appellant, got him medically examined on 7th July, 2007 and is said to have sent a complaint to Kotwali, Haridwar. On 13th July, 2007, the wife filed Petition No. 794 of 2007 before the Principal Judge, Family Court, Allahabad for restitution of conjugal rights under Section 9 of the Hindu Marriage Act (hereinafter referred to as the Act). On 23rd July, 2007, the husband received a call on his mobile from his father that father of the appellant has abused him and threatened to implicate in the dowry case. On 23rd July, 2007 itself the respondent claims to have submitted an application to Station House Officer, Haridwar about the threatening. On 26th July, 2007, the husband took the wife to Allahabad at his Mumford Ganj residence. On 26th July, 2007 itself the father, mother and brother of the appellant came at the Mumford Ganj residence and threatened the respondent and his family members. On 27th July, 2007 the husband sent an application to the Senior Superintendent of Police, Allahabad and Police Station Colonel Ganj, Allahabad by registered post narrating the incident dated 26th July, 2007. In the evening of 27th July, 2007, the parents of appellant came alongwith police of police station Colonel Ganj to the Mumford Ganj residence of the husband and the appellant was taken to her parents house at Allahpur. On 27th July, 2007 itself a First Information Report was lodged by the wife against the husband, his parents, his sister and brother-in-law under Sections 498A, 323, 506 of I.P.C. and Section ¾ of the Dowry Prohibition Act on which Case Crime No. 601 of 2007 was registered. The respondent was arrested by the police and remained in jail for 12 days till his bail application was allowed by the Sessions Judge, Allahabad on 8th of August, 2007. A news publication was published on 28th July, 2007 in the Hindi Daily Newspapers “Amar Ujala” and “Dainik Jagaran” mentioning about the arrest of the respondent on the allegation of demand of dowry. The appellant also gave an interview to the news channel “Sahara Samay” alongwith her parents making allegation on respondent and his entire family. The wife also wrote a letter to the Senior Superintendent of Police, Haridwar dated 12th August, 2007 informing lodging of First Information Report and making allegations of demand of dowry against the respondent and his family members. The complaint also alleged that on 7th July, 2007 she and her parents were misbehaved by the respondent. It was alleg



































































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