The main legal point established in the judgment is the requirement for sufficient evidence and pleading to establish grounds for divorce, and the impact of evidence on the court's decision.

T.P. Sharma, J.

1. This first appeal under Section 19(1) of the Family Courts Act, 1984 (in short 'the Act, 1984') is directed against the judgment and decree dated 28-12-2007 passed by the First Additional Principal Judge, Family Court, Durg, in Civil Suit No. 19A/07, whereby & whereunder learned First Additional Principal Judge has passed decree of divorce.

2. The defendant/appellant has challenged the judgment and decree of divorce on the ground that without there being any evidence of cruelty and desertion, the Court below has passed decree of divorce and thereby committed illegality.

3. Brief facts of the parties as per pleading are that the appellant and the respondent are Hindu and legally wedded wife and husband. Marriage was solemnized in the year 1993. Two children were bora out of the wedlock of the parties. Without any cause the present appellant has deserted the respondent and went to her paternal house. The present appellant was not ready to adjust in poor family of the respondent and has started committing cruelty. She refused to go to field for work and she was in habit of frequent visit to her parental house. The respondent has tried his level best to resolve the problem, but the appellant was adamant and finally she lodged a false report of demand of dowry against the respondent and his relatives. The respondent and his relatives were acquitted of the charges. The appellant has deserted the respondent and failed to discharge her marital obligation without any reasonable and cogent reason. On the ground of cruelty and desertion, continue of marital relation was not possible. On the aforesaid basis, the respondent has filed the suit for dissolution of marriage by a decree of divorce.

4. The present appellant has contested the suit and denied the allegation made by the respondent. She has specifically pleaded that she has never deserted or committed cruelty upon the respondent. The present respondent has married with another woman namely Sumitra Bai and he was residing with her. The respondent used to commit cruelty upon the appellant and used to beat her. Finally, the respondent ousted the appellant from his house and at present, the appellant is residing in her parental house under compulsion. The respondent has demanded Rs. 50,000/-and has also committed cruelty upon her, therefore, she lodged a report against the respondent. The appellant is ready to live with the respondent and ready to discharge marital obligation. The present appellant came to know that the respondent has left Sumitra Bai, therefore, she is ready to live with the respondent.

5. On the basis of averments made by the parties, issues were framed and after affording an opportunity of adducing evidence and hearing to the parties, learned First Additional Principal Judge, Family Court, Durg has passed a decree of dissolution of marriage by a decree of divorce.

6. We have heard learned Counsel for the parties and perused the judgment and decree impugned and record of the Court below.

7. Learned Counsel for the appellant vehemently argued that the appellant has not committed any cruelty or has not deserted the respondent, but the respondent himself has committed cruelty and has ousted the appellant from his house. Learned Counsel further argued that the respondent has remarried with Sumitra Bai. The appellant is residing in her parental house under compulsion and the respondent has left and deserted her. Learned Counsel placed reliance in the matter of Shyam Sunder Kohli v. Sushma Kohli alias Satya Devi (2004) DMC 586 (SC) : AIR 2004 SC 5111 in which the Apex Court has held that on the ground of irretrievable breakdown, the Court must not lightly dissolve a marriage. It is only in extreme circumstances that the Court may use this ground for dissolving a marriage and in the absence of evidence of desertion by opposite party, a marriage cannot be dissolved. Learned Counsel further placed reliance in the matter of Krishan Kumar v. Shankari (2007) D