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IN THE HIGH COURT OF ALLAHABAD
KAUSHAL JAYENDRA THAKER, SUBHASH CHAND, JJ.
Smt. Shruti Bhatnagar – Appellant
Versus
Shri Mayank Bhatnagar – Respondent
First Appeal No. - 627 of 2019
Decided on : 12-8-2021
Hindu Marriage Act, 1955 - Section 13(1) (i-a) - Divorce - Civil jurisdiction - Appellant was married with respondent by performing all Hindu rituals- There is no dispute to this - Immediately after wedding husband and his family members started harassing appellant who was at matrimonial home in Udaipur in State of Rajasthan husband lost his job and therefore started demanding money from father of appellant who showed his inability to pay a sum - After this incident husband and family members started abusing and insulting –
Finding of the Court:
Petitioner was subjected to mental and physical cruelty as alleged in petition- So from above said reasons marriage seems to have turned into deadlock as they have no cohabitation with each other since last more than two years- Therefore petitioner has been successful in establishing that she was treated with cruelty and has been deserted by husband and hence petitioner/appellants entitled to a decree of divorce as prayed for therefore in view of above a decree of divorce requires to be granted to this petitioner/appellant court are also fortified in our view by placing on decision in judgment reported in case which also helps petitioner’s case as there where show wife left matrimonial home in Mumbai only after a bout of marriage and started living with her parents in Gujarat where she gave birth to child and then continued with her teaching job- No attempt was made by her to stay with husband which clearly established animus desired –
Result: Appeal is allowed.
JUDGMENT :
1. Heard Shri Harsh Bhatnagar, learned counsel holding brief of Shri Ashok Shankar Bhatnagar, learned counsel for the appellant. Though served respondent for three years has absented here as also before the family court
2. This appeal, has been filed by the appellant to set aside the judgment dated 29.07.2019 passed by Principal Judge, Family Court, Ghaziabad in O.S. No. 158 of 2018 and allow the petition of the appellant under Section 13(1) (i-a) of Hindu Marriage Act, 1955.
3. The short brief facts as culled out from the record are that the appellant was married with respondent on 11.02.2012 by performing all the Hindu rituals. There is no dispute to this fact. Immediately after the wedding, the husband and his family members started harassing the appellant who was at the matrimonial home in Udaipur in the State of Rajasthan. The husband lost his job and therefore, started demanding money from the father of the appellant who showed his inability to pay a sum of Rs. 20 lakhs. After this incident the husband and the family members started abusing and insulting the appellant, however, she tolerated all this so as to save her matrimony, during this period she conceived a child but because of the unhappiness and because her parents was unable to pay Rs. 20 lakhs, she was forced to abort the child and the child aborted. Looking to this unhappy incident, the father of the appellant paid a sum of Rs. 10 lakhs. The husband after procuring the money from the appellant he was in debt and was running here and there. The appellant herein gave birth to a female child which infuriated the respondent more than what he was before the incident. He was indebted to people to the tune of Rs. 40 lakhs, his cruelty day and day out had started physically assaulting her. The appellant's father who lived in a rented house in Ghaziabad and therefore in the year 2017 when she was driven out of the house and when the husband went away and absconded, she was also thrown out of the house with her daughter. All this was tolerated by the wife and much later in the year 2018 she filed the suit for divorce which was conducted ex-parte. The judgement spells out in:
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Despite this the learned Judge dismissed the application for decree for divorce on the ground that:-
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4. By way of this appeal the appellant who had moved the Family Court for seeking divorce from her husband has moved this Court contending that despite the above mentioned facts the matter was not contested by the respondent-husband. The court on two counts dismissed the Family Court petition for divorce, one of the grounds o
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