Roshan Lal S/o Hukmichand v. Sunita W/o Roshan Lal
2018-02-20
G.R.MOOLCHANDANI, PRADEEP NANDRAJOG
body2018
DigiLaw.ai
ORDER : 1. The appellant has suffered an ex-parte decree granting divorce to the respondent. Application filed under Order 9 Rule 13 CPC against the ex-parte decree was not prosecuted by the appellant and was dismissed in default. The said order has attained finality. 2. Thus the appellant can succeed in the instant appeal if he can show that the ex-parte evidence led by the respondent does not establish cruelty. 3. Suffice it to note that marriage between the parties was solemnized on 07.03.2011. A daughter was born to the couple on 8.12.2013. As per the respondent, at the time of marriage her parents gave dowry commensurate to their means and the social status of the parties. As per the respondent soon after the marriage the appellant, his mother, his elder brother and his wife started troubling her alleging that less dowry was given by her parents. She used to be beaten on said account and was also not given food properly. Her mother had to take a loan in sum of Rs. 20,000/- to give more dowry. On 16.01.2013, with the intervention of elders a settlement took place. For some days thereafter she was not ill-treated but soon thereafter Rs. 50,000/- more was demanded. On 20.07.2013 she was turned out from her matrimonial house when she was an expectant mother. The pregnancy was 4 to 5 months age. That the appellant never came to take her back. Said pleadings were mirrored in the testimony of the respondent and since the appellant remained ex-parte the testimony on oath was not challenged. Respondent’s mother Vidhya Devi appeared as a witness and deposed in sync with her daughter. 4. We find no infirmity in the view taken by the learned Judge, Family Court and thus dismiss the appeal.