Maga Ram vs Gomati
2022 Latest Caselaw 12588 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Misc. Appeal No. 935/2022

Maga Ram S/o Shri Gorkha Ram, Aged About 28 Years, B/c Jat, R/o Barnau, Tehsil Balesar Distt. Jodhpur. ----Appellant Versus Gomati D/o Shri Jetha Ram, B/c Jat, R/o Jatipura, Tehsil Osian Distt. Jodhpur. ----Respondent

For Appellant(s) : Mr. Dhanraj Vaishanav For Respondent(s) : ---

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE KULDEEP MATHUR Judgment

20/10/2022

This civil miscellaneous appeal has been directed against the

judgment dated 18.04.2022 passed by the Family Court No.3,

Jodhpur in Civil Original Case No. 699/2019 by which application

filed by the respondent under Section 13 of the Hindu Marriage

Act, 1955 has been allowed.

The respondent-wife filed for divorce petition under Section

13 of the Hindu Marriage Act, 1955 for dissolution of marriage on

the ground of cruelty before the Family Court No.3, Jodhpur in

Civil Original Case No. 699/2019 wherein it was stated that the

marriage of the respondent with the appellant was solemnized on

24.06.2003 when respondent-wife was only about 11 years old.

Subsequently, the respondent-wife on attaining majority, under

the pressure of family members performed 'Gona' on 03.07.2013

as social ritual and started living with the appellant-husband.

However, over time, the behavior of the husband and his family

members towards the respondent-wife turned hostile, who

frequently hurled abuses and used vile language.

(2 of 2) [CMA-935/2022]

In the divorce petition, it was further pleaded that the

respondent had acquired the qualification of B.Ed., whereas the

appellant-husband is an illiterate person, who is suffering from

mental disorder. It was also stated in the divorce petition that

appellant-husband and respondent-wife have been living

separately since 2014.

On the basis of the pleadings of the parties, the Family Court

No. 3, Jodhpur framed two issues. The respondent was examined

as PW1 whereas the appellant was examined as DW1. On behalf

of the respondent, two documents were exhibited.

The learned Family Court No. 3, Jodhpur after analysing the

oral and documentary evidence presented by both the parties

concluded that the allegations of cruelty had been proved on the

basis cogent oral and documentary evidence. It is noticed that the

respondent has been living separately since 2014 as she was

treated cruelly by the appellant-husband and his family members.

The Family Court No.3, Jodhpur discussed the evidence in

apropos manner and was absolutely justified in allowing the

application filed by the respondent-wife under Section 13 of the

Hindu Marriage Act, 1955, vide judgment dated 18.04.2022, which

does not suffer from any infirmity, factual or legal, warranting

interference whatsoever.

As a consequence, we find no force in this appeal which is

accordingly dismissed.

No order as to costs.

                                   (KULDEEP MATHUR),J                                     (SANDEEP MEHTA),J
                                   41-KshamaD/-









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