The main legal point established is that false allegations of dowry, calling a spouse impotent, and threatening criminal cases constitute cruelty under the Hindu Marriage Act, leading to a decree of divorce.

Indrani Datta, J.

1. Appellant/wife has filed this First Appeal under Section 19 of the Family Court Act, 1984 being aggrieved by the judgment and decree dated 21-11-2005 passed by the Family Court, Gwalior in H.M.A. No. 39-A/03 by which respondent's petition for divorce was allowed and petition filed by the appellant/wife for restitution of conjugal rights, which was registered as H.M.A. No. 373-A/03, has been dismissed.

2. Admitted facts of the case are that marriage between the appellant and respondent has been solemnized by Hindu traditions on 4-11-1998 in Gwalior.

3. Brief facts of the case are that in Case No. 39-A/03 filed by the respondent/husband it is stated that after the marriage appellant's behaviour was not cooperative with the family members of the respondent. She misbehaved with respondent and his mother. She was not cooperative in household works. Appellant went to her parental house from time to time without consent of the respondent and on 18-4-1999 she went to her parental house and returned on 6-5-99 and again on 13-5-99 she went to her parental house and returned on 14-5-99. The appellant insisted the respondent for publication of her poetries and when he refused then she brought the knife from the kitchen and made effort to commit suicide. The respondent intimated about this incident to the parents of the appellant and thereafter on the same day she returned back to her parental house with her uncle Mr. Vinod Gupta. It is also alleged that the appellant used to give threatening of registration of false dowry case and after the incident of 14-5-99 on the assurance of good behaviour by the appellant's parents, the appellant returned back to respondent's house on 21-6-99. After that her behaviour was not changed and she continued to misbehave with the family members of the respondent and also started making allegations that the respondent is impotent and, therefore, respondent felt insulted and also suffered mental agony. She used to threaten respondent and his family members to involve them in criminal cases and in this way the appellant behaved cruelly with the respondent. Appellant is residing separately since 1-2-2001 at her parental house without any sufficient cause or reason and in spite of several requests and efforts being made to bring her back, she refused to come back to her matrimonial house, therefore on the ground of cruelty and desertion divorce was sought.

4. Appellant filed written statement and denied the allegations of the application. She submitted that the behaviour of the family members of the respondent was not good with her and they used to torture and demand dowry and the incident dated 14-5-99 is false and in fact on 14-5-99 when she returned back from Dholpur after giving the examination of B.A. the respondent assaulted her and demanded a sum of Rs. 50,000/- and a motorcycle and thrown her out of the house in the wearing clothes, therefore, she went to her relative's house in Gwalior. Thereafter on 6-6-99 her father alongwith some relatives namely Anil Bansal, Vinod Gupta and Vishnu Bansal went to the house of the respondent, where the father of the respondent again demanded Rs. 50,000/-and motorcycle and her father agreed to pay a sum of Rs. 30,000/- in two installments and on 21-9-99 her father paid Rs. 10,000/- and after that on 22-9-99 she returned back to the respondent's house and on 12-11-00 her father paid Rs. 20,000/- to the respondent and his father.

5. Thereafter in January, 2001 the respondent and his father and mother demanded the motorcycle and also started misbehaving with her and also restricted her to talk to anyone and by the consent of the respondent on 31-1-2001 she came back to her parent's house and thereafter her father and herself approached so many time to the respondent and his father but they never turned up to take her back and also started demanding four-wheeler. She prayed for dismissal of the application filed by respondent/husband for divorce an