[2025:RJ-JP:50436-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D.B. Civil Miscellaneous Appeal No. 2560/2008

Ashwani Kumar S/o Shri Rambharosi Lal, By Caste Vaishya, R/o

Mohalla, Kotpada, Badi, Tehsil Badi, District Dholpur Raj.

----Appellant

Versus

Lalita W/o Shri Ashwani Kumar D/o Shri Omprakash Bhuvni Wale By Caste Vaishya, R/o Bhuvnai Raod, In Front Of Factory, Jagner,

District Agar Up ----Respondent

For Appellant(s) : Mr. Yogesh Singhal

For Respondent(s) : Mr. Anil Jain

HON'BLE MR. JUSTICE INDERJEET SINGH

HON'BLE MR. JUSTICE RAVI CHIRANIA

Order

15/12/2025

1. This appeal has been filed by the appellant (hereinafter to be referred as ‘husband’) against the judgment and decree dated 22.02.2008 passed by the Learned District Judge, Dholpur whereby the application filed on behalf of the husband under Section 13 of the Hindu Marriage Act 1955 (hereinafter to be

referred as ‘Act of 1955’) was dismissed.

2. Brief facts of the case are that the husband filed an application under Section 13 of the Act of 1955 before the learned trial Court against the respondent (hereinafter to be referred as ‘wife’) stating therein that the marriage between the parties was solemnized on 20.01.2003 as per hindu rites and customs and out of their said wedlock one daughter was born. The husband further stated in the application that the behaviour of the wife from the

very beginning was cruel and she was having illciit relations with one another boy and he further stated in the application that many a times, he has seen the said boy with his wife, however, when he complained to his wife, she quarrelled with the husband and left her matrimonial home just after five months of their marriage in the month of June, 2003 and lastly prayed for granting the decree of divorce.

3. The wife filed reply to the said application and denied the allegations levelled by the husband. The wife further stated in her reply that the husband demanded the dowry from her on account of which she lodged a criminal case against the husband under Sections 498-A IPC. She further stated that the husband is having illicit relations with his brother’s wife and lastly prayed for dismissal of the application.

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

Þ1& D;k foi{kh }kjk izkFkhZ dk fnukad 12-06-2003 ls ifjR;kx fd;k gqvk gS\

2& D;k foi{kh }kjk izkFkhZ ds lkFk fnukad 12-06-2003 ls dkbs Z 'kkjhfjd laHkkx ugha dj Øwjrkiw.kZ O;ogkj fd;k x;k gS\

3& vuqrks"k\ß

5. The learned Family Court after recording the evidence produced by both the parties dismissed the application filed on behalf of the husband vide its judgment and decree dated

22.02.2008.

6. Being aggrieved by the judgment and decree dated 22.02.2008, the husband has filed this appeal. It is not disputed by the parties that during pendency of the proceedings before this Court, the learned trial Court vide its order dated 07.09.2019 acquitted the husband from the offence under Section 498A IPC. It is also admitted by the counsel for the parties that being aggrieved by the judgment of acquittal passed by the learned trial Court, the wife filed an appeal before the learned Additional Sessions Judge, Badi, District Dholpur. The said appeal was also dismissed by the learned Appellate Court vide its judgment dated 13.11.2025. Thus as on today, the husband stands acquitted from the offence under Section 498A IPC.

7. Counsel for the husband submitted that the wife was having illicit relations with another boy on account of which she left her matrimonial home just after five months of their marriage. Counsel further submits that the behaviour of the wife from the very beginning was very cruel with the husband and his family members. Counsel further submits that the wife lodged a false criminal case under Section 498A IPC in which after facing the trial, the husband has been acquitted by the competent court of law and prayed for allowing the appeal.

8. Counsel for the wife opposed opposed the submissi