Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 15046 (RAJ)

SMT SONU JAT v. MAHAVEER PRASAD JAT

CMA/2779/2014 · 2025-01-08

Inderjeet Singh, Vinod Kumar Bharwani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:1172-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Miscellaneous Appeal No. 2779/2014 Smt. Sonu Jat W/o Mahaveer Prasad Jat, D/o Ramlal Jat, Aged 22 Resident of Village Fatehganj @ Praashyaa, Tehsil Uniyaara, Distt. Tonk, Rajasthan. ----Appellant-Wife Versus Mahaveer Prasad Jat S/o Harinarayan Jat, Aged 33, R/o Village Bherupura, Tehsil Nivai, Distt. Tonk, Rajasthan. ----Respondent-Husband For Appellant(s) : Mr. Abhishek B. Sharma for Ms. Sangeeta Vashishtha For Respondent(s) : Mr. Atul Kumar Jain HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 08/01/2025 1. The present appeal has been preferred on behalf of the appellant-wife (hereinafter to be referred as ‘wife’) under Section 19 of the Family Courts Act, 1984, against the judgment & decree dated 12.08.2014 passed by learned Judge, Family Court No.2, Jaipur in Divorce Case No.715/2013 (Smt. Sonu Jat v. Mahaveer Prasad), whereby the application filed on behalf of the wife under Section 13 of the Hindu Marriage Act, 1955 (hereinafter to be referred as ‘the Act of 1955’), was dismissed. 2. Brief facts of the case are that the wife submitted an application under Section 13 of the Act of 1955 against the respondent-husband (hereinafter to be referred as ‘husband’) before the learned Family Court, No.2, Jaipur, stating therein that [2025:RJ-JP:1172-DB] (2 of 3) [CMA-2779/2014] the marriage was solemnized between the parties in Arya Samaj Temple, Neendadh on 11.02.2009 and the said marriage was later on registered with the Registrar of Marriages (District Collector), Jaipur on 04.03.2009. It was further stated by the wife in the application that the marriage between the wife and the husband was solemnized under the pressure of family members and against her wishes. She further stated that she is in love with other person, namely Rajesh and she is living separately for last four years and prayed for granting of decree of divorce in her favor. 3. The husband failed to appear before the learned Family Court at the time of proceedings, therefore, ex-parte order was passed in the matter. The wife submitted her own evidence as A.W.-1. Learned Family Court, after recording the evidence, dismissed the divorce application filed on behalf of the wife. 4. Learned counsel for the wife submits that the marriage between the wife and the husband was solemnized forcefully & against her wishes and they are living separately from just after the marriage. Learned counsel for the wife prays for quashing of the judgment & decree passed by learned Family Court. 5. Learned counsel for the husband opposed the submissions made by learned counsel for the wife and submitted that after solemnizing the marriage with the husband, the said marriage was also got registered in the Office of Registrar of Marriages (District Collector), Jaipur, and marriage certificate was also issued. Learned counsel further submits that just to harass the husband, the wife has filed the divorce application. [2025:RJ-JP:1172-DB] (3 of 3) [CMA-2779/2014] 6. Heard learned counsel for the parties and perused the material available on record. 7. We have gone through the record and the evidence submitted on behalf of the wife in which she has stated that the marriage was solemnized against her wishes and she is not living with the husband. 8. We have also gone through the finding recorded by learned Family Court wherein learned Family Court has observed that after solemnizing the marriage with the husband, the said marriage was also got registered with the Registrar of Marriages (District Collector), Jaipur. 9. In our considered view, learned Family Court has rightly dismissed the divorce application filed by the wife as the marriage solemnized between the parties, was duly registered with the Registrar of Marriages (District Collector), Jaipur, therefore, it cannot be said that the marriage was solemnized against the wishes of the wife. Thus, we find that no case is made out for grant of decree of divorce on the pleading(s) as well as evidence submitted by the wife before learned Family Court. 10. In that view of the matter, the present appeal is dismissed. (VINOD KUMAR BHARWANI),J (INDERJEET SINGH),J SAHIL SONI /126