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GOUTAM BHADURI, N. K. CHANDRAVANSHI
Sushma Alias Harshita W/o. Shri Devendra Dewangan – Appellant
Versus
Devendra Dewangan S/o. Mohanlal Dewangan – Respondent
JUDGMENT :
Goutam Bhaduri, J.
1. Heard.
2. The present appeal is against the judgment and decree passed by the learned Additional Principle Judge, Family Court, Bilaspur in civil suit No.167-A of 2016, whereby a decree of divorce has been granted in favour of the husband under Section 13 (1) (ia) of the Hindu Marriage Act, 1955, on the ground of cruelty.
3. The facts of the case are that a petition seeking divorce was preferred by the husband. The parties were married on 24.2.2012 and out of the wedlock a child was born on 28.12.2013. It is contended by the husband that after the birth of the child, in a function named Chhatti at village Tulsi on 04.2.2014 some dispute took place in public and the wife started to demand to go back to her parental home on 05.2.2014. Despite all efforts made to stay her back she did not agree to it and an agreement Exhibit P2 was executed between them wherein she agreed that she does not want to stay with her husband and wanted to go back to her parental home. Husband further contended that during her stay in the matrimonial house, she used to abuse the family members of husband on trivial issues. He further contended that taking into consideration her b
The judgment emphasizes the need for conduct to be 'grave and weighty' to constitute mental cruelty for divorce, and the impact on the wronged party's ability to continue the matrimonial relationship....
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