[2025:RJ-JP:49172-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Miscellaneous Appeal No. 5672/2017 Smt. Rekha Sharma W/o Khyali Ram, D/o Shankar Lal, R/o Village Samaur, Tehsil Rajakhera, District Dholpur, At Present Residing At Kasba Bayana, Tehsil Bayana, District Bharatpur ----Appellant Versus Khyali Ram S/o Late Shri Hukam Chand, R/o Village Samaur, Tehsil Rajakhera, P.s. Muraina, District Dholpur ----Respondent For Appellant(s) : Mr.Satyapal Poshwal with Ms.Seema Jharwal & Mr.Harshit Mehta For Respondent(s) : None HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE RAVI CHIRANIA Order 03/12/2025 1. This appeal has been filed on behalf of the appellant-wife against the judgment and decree dated 17.08.2017 passed by the learned Trial Court, whereby the application filed on behalf of the appellant-wife under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘Act of 1955’) has been dismissed. 2. Brief facts of the case are that the appellant-wife filed an application under Section 13 of the Act of 1955 seeking dissolution of marriage with the respondent-husband. The appellant-wife stated that their marriage was solemnized on 01.05.1996 as per Hindu customs and rites. She stated that out of their wedlock, four children were born. She further stated that from the very beginning, the respondent-husband is not interested in maintaining the wife and the children. She further stated in the application that the husband many times misbehaved and gave [2025:RJ-JP:49172-DB] (2 of 3) [CMA-5672/2017] beatings to her and thrown her out from the matrimonial home along with four children. She stated that after throwing her out on 30.11.2007, he has not paid a single penny for maintaining the wife and the children. She further stated that despite service, no- one had put in appearance on behalf of the respondent-husband. On failure to appear before the learned Trial Court, ex-parte proceedings were initiated against him on 22.09.2015. The appellant-wife submitted her own evidence as AW-1 and thereafter, upon conclusion of the evidence, learned Trial Court dismissed the application filed by her. Being aggrieved of the judgment and decree dated 17.08.2017, the present appeal has been filed by the appellant-wife 3. Learned counsel for the appellant-wife submits that the learned Trial Court committed a serious error in dismissing the application filed by the appellant-wife. He submits that admittedly the respondent-husband failed to appear before the learned Trial Court to controvert the allegations levelled against him. Learned counsel further submits that the wife proved the allegations by submitting her own evidence as well as evidence of her father, to show that behavior of the husband towards her was cruel. 4. Learned counsel further submits that the respondent- husband has refused to maintain the wife and four children, which amounts to cruelty with the wife, and therefore prays that the appeal be allowed. 5. Heard learned counsel for the appellant and perused the record. 6. We have gone through the judgment and decree dated 17.08.2017 passed by the learned Trial Court. The wife by [2025:RJ-JP:49172-DB] (3 of 3) [CMA-5672/2017] submitting her own evidence as AW1 as well as evidence of her father, has clearly established that behavior of the husband was cruel towards her from the very beginning of marriage and the respondent-husband refused to maintain the wife and their four children. 7. We have also considered the fact that the respondent- husband had thrown the wife out of the matrimonial home along with four children, forcing her to live with her parents. In our considered view, conduct of the respondent-husband amounts to cruelty. 8. In view of the above discussions, the appellant-wife has proved the issue of cruelty before the learned Trial Court by leading sufficient evidence. The learned Trial Court has grossly erred in not appreciating the evidences properly, as the evidence submitted by the appellant-wife was not controverted by the respondent-husband. 9. In view of the above discussions, the issue of cruelty stands proved by the appellant-wife & respondent did not appear even before this Court also. In view of the above, the judgment and decree passed by the learned Trial Court dated 17.08.2017 is set aside. Accordingly, the appeal filed on behalf of the appellant-wife is allowed. The marriage of the parties solemnized on 01.05.1996 stands dissolved. Office is directed to prepare the decree accordingly. 10. Record of the Court below be sent back. (RAVI CHIRANIA),J (INDERJEET SINGH),J Monika/Dushyant/46