JUDGMENT

Hirdesh, J. -- 1. The instant appeal is filed by appellant-wife under section 19 of the Family Courts Act read with section 96 of the CPC against judgment and decree dated 5.10.2024 passed by Principal Judge, Family Court District Datia in Case No. 173/2022 (HMA) whereby an application filed by respondent-husband seeking a decree of divorce under section 13(1)(i-a) of HM Act on the ground of ''cruelty'' has been allowed.

2. It is not in dispute that appellant and respondent are husband wife and they entered into the wedlock on 9.2.2020 by performing all the customs and ritual which are essential to perform a Hindu marriage.

3. In brief the facts giving rise to present appeal are that respondent husband filed a divorce petition in the Family Court Datia on the ground of cruelty and pleaded that on the very next day of marriage the appellant-wife told her husband that she has been forced to perform this marriage against her will and she refused to cohabit with respondent husband and their marriage could not have been consumed. Further, it has been alleged in the divorce petition that the appellant-wife expressed her will to study further and in turn her in-laws said that they will get the admission of her in Scindhia Kanya Vidyalay in B.A. Ist year situated in Bhander, but the appellant-wife wants to study further only in Gwalior, upon which in-laws of the appellant-wife expressed their inability looking to their poor financial condition, then appellant-wife got angry and threatened them to implicate in false allegations and left her matrimonial home. It was further alleged in the divorce petition that the appellant-wife returned after 15 days to her matrimonial home and demanded Rs. Thirty Thousand for the purpose of depositing fees of B.A. Ist year in Gwalior. When her in-laws refused to give her money then appellant-wife took all her ornaments along with her and left her matrimonial home and started living at her parental house.

4. It was further alleged that appellant-wife used to remain absent from her matrimonial home for a period of 10-15 days on regular basis.\ Due to which, Panchayat was called by the relative in which the appellant- wife demanded the divorce from the respondent/ husband. Parents of the wife abused the parents of husband in the Panchayat .Appellant-wife always ill treated her in-laws and threatened them to implicate them in false cases. On these grounds, respondent-husband filed divorce petition before the Family Court.

5. Appellant-wife submitted her written statement in the Family Court and denied all the allegations made by the respondent-husband in the divorce petition. It was pleaded by appellant-wife that marriage has already been consumed between appellant and respondent several times and she never refused to cohabit with respondent-husband. When marriage was performed, she was studying in Class-12th and she expressed her will before her in-laws to study further but because seats were not vacant in Bhander college so she took admission in Kamlaraja Girls College Gwalior and by the said act of appellant her in-laws opposed her. She further pleaded that her husband and in-laws were ill treating her in order to fulfill their greed of dowry and they were demanding Rupees Five Lacs from parents of the appellant. When appellant-wife refused to fulfill the said demand by saying that her parents already gave Rupees Fourteen Lacs as dowry at the time of marriage then her in-laws used to beat her and ousted her from their house. Her parents was not able to fulfill their demand of dowry, therefore, they ousted her from their house on 10.7.2022 and further in-laws of appellant-wife were not allowing her to study further. On these grounds prayer for rejection of divorce petition was made.

6. Family Court framed the issues on the basis of pleadings of both the parties and after taking evidence of both the parties vide impugned judgment and decree, allowed the application filed by respondenthusband seek