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NEUTRAL CITATION NO. 2026:MPHC-GWL:19983

1 FA-483-2022

IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE G. S. AHLUWALIA

&

HON'BLE SMT. JUSTICE ANURADHA SHUKLA

th

ON THE 8 OF JULY, 2026

FIRST APPEAL No. 483 of 2022

SMT. LAXMI YADAV

Versus

RAKESH YADAV

Appearance:

Shri Akshat Kumar Jain - Advocate for the appellant.

ORDER

Per: Justice Anuradha Shukla

Heard on admission. Appeal is admitted.

2. Respondent has been duly served with notice and order sheet

dt.02.09.2023 reflects that despite service of notice and opportunity afforded,

he has chosen not to appear before the Court. Under these circumstances,

case is proceeded ex parte.

3. Under the impugned judgment and decree passed by the Principal

Judge, Family Court, Shivpuri, M.P. on 08.03.2022 in Case No.51A/2020

HMA, a divorce petition filed by appellant under Section 13 (1) of Hindu

Marriage Act 1955 was dismissed.

4. Facts admitted for decision of this appeal are that appellant was

married to respondent in the year 2015 and parties do not have any child out

of this wedlock.

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2 FA-483-2022

5. Divorce petition was filed on the ground that behaviour of

respondent was very cruel to appellant, who used tobe physically violent

with appellant after consuming liquor. His demand was for dowry and also to

compel the appellant for illicit relations with others. He was also in the habit

of chastising appellant on false allegations of character. Appellant was

forced to leave the matrimonial house, almost three years prior to filing

divorce petition and despite the efforts made for reconciliation respondent

has refused cohabitation with appellant. A request has, therefore, been made

that as marital ties between the parties have reached to such an end that

parties can no longer live together decree of divorce should be granted.

6. Respondent denying these facts has claimed that their marriage life

continued till 03.01.2020 and on that date appellant left along with her

brother for her parental house. It is claimed that she has also taken away

Stridhan, jewellery and other valuable articles. Prior to it, appellant had gone

missing on 09.06.2019, regarding which a missing person report was lodged

by respondent and later, on the basis of FIR lodged by appellant, a criminal

case at Crime No.344/2019 was registered against three persons for

committing offence of Sections 343, 376 and 506/34 of IPC. It is submitted

that even after said incident, appellant continued to live with respondent and

thereafter she left the house on 03.01.2020 on her own volition. Respondent

still wants to restore the conjugal ties. Hence, a request has been made to

dismiss the divorce petition.

7. The trial Court after framing issues and recording the evidence,

dismissed the divorce petition, hence this appeal.

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3 FA-483-2022

8. Counsel for appellant has been heard and the record has been gone

through.

9. The divorce petition was filed on two grounds, namely; cruelty and

desertion. According to appellant, she was being subjected to physical

violence and mental cruelty by casting false aspersions against her character

and also by demanding dowry. Admittedly, no FIR was ever made by

appellant regarding the offence of demand of dowry and harassment. The

entire divorce petition and also the statement of appellant are silent about the

articles which were being demanded in dowry and what kind of cruelty she

was being subjected to for not meeting dowry demand. The allegations are

omnibus and have no corroborative strength whether it be ocular or

documentary.. Similarly, allegation about physical violence, too, are very

generalized giving no specific date, time or place of the incident and have no

supporting evidence.

10. According to the appellant, she was being vehemently harassed by

the respondent by casting false aspersions on her character. Admittedly, she

had lodged an FIR against three persons at Crime No.344/2019 for the

offence under Sections 344, 376, and 5