IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE DB :- HON'BLE SHRI ANAND PATHAK &

HON'BLE SHRI HIRDESH, JJ ON THE 27TH OF NOVEMBER, 2024 FIRST APPEAL NO.158 OF 2018 SMT. PRIYANKA Versus VIVEK ---------------------------------------------------------------------------------------------

Appearance Shri Alok Kumar Sharma- learned Counsel for appellant- wife.

Ms.Nidhi Patankar- learned Senior Counsel with Shri Amin Khan- learned counsel for respondent- husband.

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JUDGMENT

Per Shri Hirdesh, J:-

Being dissatisfied with the judgment and decree dated 23^rd of November, 2017 passed by Principal Judge, Family Court, Bhind (MP) in Case No.152 of 2016 (HM) allowing the application under Section 13(1)(i-a) of the Hindu Marriage Act [in brevity ''the HM Act''] for grant of decree of divorce on the ground of ''cruelty'' filed by respondent (hereinafter it would be referred to as ''husband'') against appellant (hereinafter it would be referred to as ''wife''), the wife has preferred this first appeal under Section 19 of the Family Courts Act.

(2) Necessary facts for disposal of present appeal, in a nutshell, are that as per averments as made by husband, both the parties got married on 2^nd of March, 2006 as per Hindu rites and customs in Village Akhoda. After marriage, according to husband, his wife used to create a trouble with him and his family members about one thing or the other, almost every day and used to non- performing day-to-day household chores. Despite that, he and his family did not pay much attention towards behaviour of his wife and thought that being a new daughter-in-law, she would understand with passage of time. During this time, from their wedlock, a male child, namely, Sumit was born and at the instance of his wife, he took her to another house away from his family. In spite of that, she continued to harass him and go away whenever she wanted and did not even take care of child.

It was further averred on behalf of husband that in the month of January, 2009, his wife left in-laws house with her jewellery, cash and son without informing anybody. Since then, she has been living in her maternal home in Village Akhoda. He went to bring her back many times but his wife did not wish to come back. In counter-blast, she filed a maintenance case against him in 2009 itself in which, he is usually paying monthly maintenance amount. It was further alleged that he has been mentally distressed due to such acts of his wife and his entire life has become ruined. Since January 2009, his wife has been living separately without any valid rhymes or reasons. Marriage between them on 2^nd of March, 2006 appears to be dissolved.

In reply, wife denied the allegations of husband and expressed that she has already performed her marital duties and responsibilities towards her husband and in-laws. She has not done anything that would tarnish reputation of her husband and in-laws. She has never gone out of house without either permission of her husband or her in-laws. She has never harassed her husband. Rather, her husband himself does not take care of her minor son Sumit. It was further alleged that on 10^th of January, 2009, she was beaten up and thrown out of house. Her husband also snatched all her jewelley. On these grounds, she is living in her maternal home. Her husband never came to take her back and abandoned her without any valid reason. She is ready and willing to go with her husband even today and will lead a peaceful life in future.

Wife, in her reply, further pleaded that she had filed an application in the Court against her husband to pressurize him for compromise while her husband did not want any punitive action and never made any attempt to the compromise matrimonial dispute. She is currently receiving Rs.1,500/- per month for maintenance and Rs.1,200/- per month for her son, but said amount is meagre considering expenses of her son's education. Her