The judgment establishes the significance of proving allegations of cruelty and desertion in seeking dissolution of marriage under the Hindu Marriage Act.

JUDGMENT

Vishal Mishra, J. - The first appeal under Section 19 of the Family Courts Act, 1984 is being filed against the judgment and decree dated 11.08.2018 passed by the Principal Judge, Family Court, District Shivpuri, whereby the application filed under Section 13 (1) (ia), (ib) of the Hindu Marriage Act for dissolution of marriage dated 08.04.2013 with the defendant/ appellant has been allowed. The appeal was admitted on 05.02.2019. All the efforts regarding amicable settlement between the parties have failed.

2. With the consent of the parties, the matter is taken up and finally being heard.

3. It is alleged by the counsel for the appellant that the marriage between the appellant and respondent was solemnized on 08.04.2013 at Shivpuri as per Hindu rites and rituals and thereafter, the appellant remained with the respondent in her matrimonial house from 2013 to 2014. Application under the Hindu Marriage Act has been filed seeking dissolution of marriage dated 08.04.2013 by husband on the ground that the defendant/appellant has stayed in her matrimonial house for only three days and thereafter, she went back to her parental house. No relationship of husband and wife has developed. No issue has been born out of the marriage. The defendant used to harass the appellant as well as the family members without any reason and used to treat in-laws with cruelty for no reason. She has deserted the appellant since last more than three years. Therefore, on the basis of cruelty and desertion, the application for dissolution of the marriage has been filed. A reply has been filed by the appellant/ defendant on the ground that the behaviour of the respondent was never good with the appellant. The respondent used to consume liquor and used to beat her and abuse her. The appellant was forced to get her abortion done in a private hospital. The appellant is having no mother and father and is forced to reside with her brother as the respondent does not want to keep the appellant with him and wants divorce as he is having some illegal relation with one Halki Rathore. Therefore, for one or the other reason he used to beat her and harass her. All the other grounds which have been taken by the husband claiming divorce has been denied by the appellant.

4. It is further contended that in the written statement a compromise has taken place in the Paramarsh Kendra but despite of that the husband is not keeping the appellant. Learned Family Court on the basis of pleadings has framed issues and on the basis of pleadings arguments and evidence available on record arrived at a conclusion that the wife has deserted the husband without rhyme and reason and is living separately since more than three years and on the basis of the evidence available on record, arrived at a conclusion that the husband is entitled for decree of divorce on the ground of cruelty and desertion. Accordingly, vide the impugned judgment and decree dated 11.08.2018, the marriage dated 08.04.2013 between the parties have been dissolved. Against which the present appeal has been preferred by the wife. It is alleged that learned Family Court has not appreciated the evidence properly. It is alleged that she has categorically stated in her statement that she was forced to undergo abortion in a private hospital and as the husband is having illicit relation with some other woman. He does not want to live with the appellant. It is alleged that the factum of settlement entered into between the parties in a Paramarsh Kendra was not disputed by the parties but the aforesaid aspect has not been taken into consideration by the Family Court while passing the impugned judgment. It is submitted that she has specifically stated before the courts below regarding the fact that she has never treated the parents of the husband with cruelty. On the contrary, she has seen the respondent having illicit relationship with one Halki Rathore of which report has been made to Mahila Police Thana, Shivpuri but the afo