Conduct of the husband constituted both physical and mental cruelty, justifying the divorce by the court's finding of perverse error in the lower court's judgment.

Order

07/07/2025

1. This appeal has been filed on behalf of the appellant (hereinafter to be referred as ‘wife’) against the judgment and decree dated 06.09.2019 passed by the learned Family Court No. 1 Jaipur in Case No. 3207/2014 (1032/2014) (hereinafter to be referred as ‘the learned Family Court’) whereby the application filed on behalf of the wife under Section 13 of the Hindu Marriage Act, 1955 (hereinafter to be referred as ‘the Act of 1955’) was dismissed.

2. Brief facts of the case are that the marriage between the parties was solemnized on 26.06.2002 as per Hindu rites and customs. The wife filed an application under Section 13 of the Act of 1955 against the respondent (hereinafter to be referred as ‘husband’) in the year 2014 stating therein that the husband was in the habit of beating the wife; and the husband and his family members were demanding the dowry from her. It was further stated in the application that the husband is not competent to make physical relations with the wife and he was in the habit of levelling false allegations against the wife of not having competence for giving birth to a child. It was further stated that the husband was also in the habit of consuming the liquor. It was further stated in the application that after death of father of the wife in the year 2013, the husband asked the wife to take share from her parental property and on 08.04.2014 she was beaten by the husband and was thrown out from her matrimonial home on account of which she has also lodged a case under Sections 498-A & 406 of IPC against the husband in which charge-sheet has been filed against the husband by the Police after investigation. Lastly, prayed for granting the decree of divorce.

3. The husband filed reply to the said application and denied the allegations levelled by the wife. It was further stated that the wife has lodged false criminal case against him and lastly, prayed for dismissal of the application seeking decree of divorce.

4. On the basis of pleadings of the parties, the Family Court framed the following issues:-

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5. The wife in support of her case submitted her own evidence as PW-1 and the husband submitted his own evidence as DW-1, thereafter, the learned Family Court after recording the evidence of the parties dismissed the application filed on behalf of the wife vide its judgment and decree dated 06.09.2019. Hence, this appeal has been filed on behalf of the wife.

6. Learned counsel for the wife submits that finding recorded by the learned Family Court on Issue No. 1 is perverse and the husband was in the habit of taking liquor and after taking the same many a times, he has beaten the wife. Counsel further submits that she tolerated the behaviour of the husband and when her father died, she was thrown out from her matrimonial home on account of which a criminal case was also lodged by her against the husband and prayed for quashing of the judgment and decree dated 06.09.2019 and allowing the appeal.

7. Learned counsel for the respondent opposed the submissions made by learned counsel for the appellant and submits that the wife has filed divorce application on the false and fabricated grounds. Counsel further submits that the husband is competent to make the physical relations with the wife and he has never demanded the dowry from the wife and prayed for dismissal of the appeal.

8. Heard, learned counsel for