Point of Law: Desertion does not imply only a separate residence and separate living. It is also necessary that there must be a determination to put an end to marital relation and cohabitation.

JUDGMENT :

RADHAKISHAN AGRAWAL, J.

1. Appellant-Husband preferred this appeal against the judgment and decree dated 05.02.2018 passed by the learned Judge, Family Court, Circuit Court at Sakti, District Janjgir-Champa, C.G. in Civil Suit No. 24-A/2017, whereby the petition filed by the husband/appellant for grant of decree of divorce was dismissed.

2. The facts, in brief, are that appellant/husband married the respondent/wife in the year 1998 according to the Hindu Rites and Rituals. After marriage, the respondent/wife joined the company of the husband and out of their wedlock, two children were born. Meantime, the wife was appointed to the post of Shiksha Karmi. After the marriage, the wife wanted the husband to get separated himself from his parents so that she can live independently; when husband refused to do so, she started quarreling with husband. In such a situation, it had become more tortuous for the husband to live with the wife. Ultimately, on 30.11.2015, the wife along with her children left the matrimonial home and went away to her parental home. Subsequently, wife extended threat that she would implicate the husband and his family members in a criminal case. Thereafter, counselling and social meeting took place where the efforts were made, but eventually it failed. It is stated that the wife is living separately in village Kunkuni and during this period, the husband went to bring her back but she did not return. Husband also went to the posting place of the wife to bring her back but instead of accompanying him, she lodged a false complaint against husband based on which proceedings under Sections 107, 116 (3) of Cr.P.C. were initiated against him. Since there was no change in the behaviour of the wife and she was living separately for last more than two years from the presentation of suit for divorce without any sufficient cause, husband filed petition seeking dissolution of marriage by way of a decree of divorce.

3. The wife filed written statement to divorce petition denying all the averments pleaded therein. She stated that prior to her marriage with the appellant/husband, she was appointed as Shiksha Karmi on 22-9-1997, she was regularized on 28.07.1998 and the appellant/husband had performed marriage with her on account of her service. According to the wife, after the marriage, the husband used to come on the holidays/weekends and used to take her with him to his house and thereafter he used to leave her at her place of work on the immediate working day. However, after giving birth to a girl child, who born with some defect in her eyes, the behaviour of her husband and in-laws completely changed, they started illtreating, abusing her in filthy language and assaulting her. Subsequently, they ousted her from the house on 30-11-2015, therefore, she along with her children started living in Chandrapur in a rented house. She also stated that at Chandrapur also the husband used to come at her work place and house and used to abuse and assault her for which even the Head Master of the School lodged a report against the husband in Chandrapur Police Station on 02-04-2016. The wife also lodged a report against the husband and his family members on 12-09-2016. According to the wife, she is working at Chandrapur, the husband may come and stay with her as per his convenience.

4. On the basis of the averments made by the parties, the issues were framed and after affording opportunity of hearing to the parties, the Family Court decided all the issues in negative and dismissed the suit by holding that the husband/appellant failed to prove the grounds of cruelty and desertion.

5. Learned counsel for the appellant/husband submits that the impugned judgment and decree are perverse, illegal, erroneous and contrary to the facts of the case as well as evidence available on record. He also submits that during the pendency of this appeal, parents of the appellant have died. He submits that the learned Family Court has failed to apprecia