JUDGMENT

The instant First Appeal under Section 19 of the Hindu Marriage Act, 1955 (for short ''the Act'') has been preferred against the judgment and decree dated 10.11.2022 passed by the Principal Judge, Family Court, District Gwalior in Case No.2006 of 2019 (RCSHM); whereby, an application preferred by the respondent/wife under Section 13(1) of the Act, was allowed.

2. The facts necessary for adjudication of the present appeal are that marriage between the appellant and respondent was solemnized on 22.01.2017 as per Hindu rites, rituals and customs and out of the said wedlock, at present there is no child born to the couple. At the time of marriage, the respondent/wife was working as Law Officer in Indian Oil Corporation Limited (IOCL), Bhopal and the appellant/husband was also working as Senior Manager in IOCL. In the marriage as per demand of appellant/husband, Rs.35 Lakhs in cash, gold and silver ornaments and other household articles were given. When the respondent/wife after bidding farewell reached her matrimonial home, she found that the behaviour of the family members was very adverse/cruel towards her and the atmosphere was not pleasant and there was no happiness on the faces of the family members. The sisters- in-law of the present respondent/wife started alluring the appellant/husband by stating that in the marriage of sons of their relatives, entire expenses for honeymoon have been borne by the family of the brides, therefore, he also should ask her in-laws to bear the expenses of Europe trip and upon demanding of the appellant/husband, the expenses of the said trip was borne by the father of respondent/wife. As and when the couple returned from the said trip, the in-laws of respondent/wife started taunting her regarding status of her father and started compelling her to ask her father to get a plot at Jaipur and construct a house over it and when the demand was not acceded, they started harassing the respondent/wife for every trivial issue. The father- in-law of the respondent/wife on 02.06.2017 and thereafter, on 23.09.2017 called the parents of the respondent/wife and insulted them with regard to the aforesaid and the appellant/husband under the influence of his sisters pressurized her for fulfilling the demands, due to which her life became stressful and miserable. In the month of December 2017, the father-in-law of the respondent/wife tried to emotionally blackmail her father by stating that she was mentally ill and as his daughters are not financially strong, he wanted to give them his house, therefore, he should get a house for the couple at Jaipur and also give them a car. Even on 24-25 December, 2017, when the appellant/husband came to Gwalior, he raised the aforesaid demand and threatened the parents of the respondent/wife that in case, the demand is not acceded then he will not take the respondent/wife alongwith him to Jaipur; constrained, the father of respondent/wife made arrangements of Rs.8 Lakhs and gave it to the appellant/husband. In between, the father- in-law of the respondent/wife under compulsion made her to sign a document which stated that she is getting separated and she will not claim any streedhan. It was assured by the other family members that if she would sign the aforesaid document and would start living in a rented house, then the appellant/husband would bring all the articles and jewelry and give them to her and thus, kept all the jewelry, sarees and other articles including her degrees and passport and on 11.09.2018, the father-in-law of the respondent/wife on phone informed her father that since they have not fulfilled their demands, therefore, the appellant is not willing to live with your daughter. Upon such a threat given to the parents of the respondent/wife, they alongwith brother-in-law of the respondent/wife on 16.09.2018 reached Jaipur where they were misbehaved and even they were assaulted but to the surprise of respondent/wife on 17.09.2018 a complaint under Section 3