[2026:RJ-JP:1103-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Miscellaneous Appeal No. 1953/2017 Smt. Beena Devi D/o Shri Ramesh, W/o Ravindra, R/o Mainpurwas, Tehsil Mundawar, At Present R/o Mothuka, Tehsil Bansoor, District Alwar Raj.

----Appellant Versus Ravindra S/o Shri Dataram, R/o Mainpurwas, Tehsil Mundawar, District Alwar Raj.

----Respondent For Appellant(s) : Mr. Anil Agarwal for Mr. S. S. Sunda For Respondent(s) : None present HON'BLE MR. JUSTICE SUDESH BANSAL HON'BLE MR. JUSTICE SANDEEP TANEJA

Order

12/ 01/2026

1. The instant civil miscellaneous appeal under Section 28 of the Hindu Marriage Act, 1955 (to be referred as ‘the Act of 1955’), has been filed by and on behalf of the appellant-wife, assailing the judgment dated 07.03.2017 passed in Divorce Petition No.665/2015 by Additional District Judge, Bansur, Distt. Alwar, whereby and whereunder the divorce petition filed by appellant-

wife under Section 13 of the Act of 1955, was dismissed.

2. After service of notice for hearing of appeal, the respondent- husband put in appearance through his counsel on 18.07.2017, but thereafter no one appeared on his behalf to argue and contest the appeal.

3. We have heard learned counsel for the appellant and perused the record.

4. Factual matrix of appeal, as culled out from the record, in brief, is as under:-

4.1. The appellant-wife filed a divorce petition on 13.01.2014 stating inter alia that her husband is a characterless man and has relations with other women; he used to beat and man-handle her in inebriated condition since he is a liquor addict; his attitude and behavior with the appellant-wife is cruel and finally, out of greed / demand of dowry, he turned her out from her matrimonial home on 10.10.2013. It has inter alia been stated that since thereafter, the appellant-wife is compelled to take shelter at her parental home. In respect of subjecting her to cruelty for demand of dowry, an F.I.R. No.479/2013 for the offences under Sections 498-A & 406 of I.P.C. was lodged at Police Station Bansur, wherein after investigation, charge-sheet against her husband has been filed. It has further been stated that though the appellant-wife tried for restitution of conjugal rights and save her matrimonial life but the respondent-husband has categorically denied on 01.01.2014 to keep her with him and not agreed for cohabitation. Hence, she was compelled to file the divorce petition.

4.2. The respondent-husband filed reply to the divorce petition and while denying the averments of cruelty and other allegations, stated that the appellant-wife is an educated woman having credentials of M.A. B.Ed. degrees whereas the respondent- husband is less educated i.e. up to 10^th standard; hence for such reason, she does not want to live with the husband and has filed a divorce petition averting false allegations against him.

4.3. On the basis of rival pleadings, the Family Court framed issues and permitted the parties to adduce their evidence(s).

4.4. In evidence, from the side of the appellant-wife, she herself deposed her statements in the witness-box as AW-1. In support, statements of two other witnesses i.e. her father and one relative as AW-2 & AW-3, were also deposed.

4.5. In rebuttal, the respondent-husband produced himself as NAW-1 and also produced his father and one relative as NAW-2 &

NAW-3.

4.6. The Family Court vide judgment dated 07.03.2017, dismissed the divorce petition on merits with the fact finding that the allegations of cruelty have not been established, hence this appeal.

5. In her affidavit in chief-examination, the appellant-wife (AW- 1) has clearly deposed that her husband does not love her and has physical relations with other women; he is a person of loose character. She stated that her husband started to consume liquor everyday and on raising voice and objection, he used to beat her and badly misbehaved with her in manifold ways. She has also deposed the statement levelling allegations of demanding dowry and to d