SMT. ANITA DAIYA Vs. BEER SINGH KATARIA
LAWS(RAJ)-2017-12-168
HIGH COURT OF RAJASTHAN
Decided on December 05,2017

Smt. Anita Daiya Appellant
VERSUS
Beer Singh Kataria Respondents




JUDGEMENT

AJAY RASTOGI,J. - (1.)The instant misc. appeal is directed against the judgment and decree dated 26.09.2013 dismissing the application filed by the appellant under section 13 of the Hindu Marriage Act, 1955 ('the Act') by the ld. Family Judge, Jhunjhunu.
(2.)The facts, in brief, relevant for our consideration are that marriage took place between the parties as per the Hindu customs and rituals on 11.11.1997 at Khetdi Nagar, District Jhunjhunu. Appellant-wife stayed at her matrimonial home situated at Gokalgarh, District Rewadi (Harayana) upto June, 2000. Husband(respondent Beer Singh was serving in State Bank of India at Kosikala (U.P.), who used to visit his wife at some intervals and from this wedlock a girl child Yashika was born on 23.11.2006.
(3.)On account of the matrimonial discord between the parties, petition under section 13 of the Act of 1955 came to be filed by wife Smt. Anita on the ground of cruelty as well as desertion on 17.02.2010. It has been averred in the petition that since beginning mother-in-law and brothers-in-law of appellant were not happy with appellant on account of dowry. They also accused the appellant for being dark in complexion and for infertility. When the complaint was made to husband in this regard, he also paid no heed to it. It was also alleged that brother-in-law of appellant Madan got one suicide note written by the appellant in the month of November, 1997.


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