JUDGMENT :

Goutam Bhaduri, J.

1. The present appeal is against the judgment and decree dated 19.09.2007 passed by the Family Court Dhamtari in Civil Suit No.28-A/2016 whereby the petition filed by the husband seeking divorce under Section 13 of the Hindu Marriage Act, 1955 was dismissed. Hence this appeal by the husband.

2. Brief facts of the case are that the parties got married on 31.03.2006 at Khairagarh on 31.03.2006 and out of the wedlock, two children i.e., daughter Sakshi and son Tejas were born on 14.4.2007 and 24.10.2011 respectively. The husband alleged that after a 8 to 10 days of marriage, the behaviour of the wife towards family members became hostile and she expressed her desire to go to her parental place. Immediately after the marriage, 4 letters were received by post on different dates during April-May, 2006. According such letter, the sender stated that he had relations with the respondent-wife before her marriage and when the matter was enquired by the family members, it was revealed that the wife earlier had relations with one person Sudhir Golcha and after intervention of family members, it was assured that it would not be repeated in future. The husband came out of such trauma and continued his marital life. It is further stated that when the wife could not adjust herself with the family members, they shifted from Nagri to Raipur but the wife did not mend her conduct as she used to vandalise things by breaking mobile, T.V. Remote etc and by throwing away the domestic utensils. The husband further states that due to mental imbalance the wife has consumed BSC powder to commit suicide. Therefore, she was admitted in hospital in June, 2009 and was discharged after two days and after coming back, they started living at Dhamtari. It is further stated that the respondent wife and her father Ghevarchand Kothari tortured the husband to the highest extent which led to filing a report in Police Station City Kotwali, Dhamtari on 28.09.2013. However, the reported matter being not cognizable under section 155 Cr.P.C., nothing transpired. Subsequently, similar report was made on 12.06.2015 but that too was of no consequence. Thereafter, the wife left the company of the husband and started living apart since March 2016. The husband further stated that on trivial matters, the wife did not give food to him and children and used to hurl abuses on them. The wife further used to suspect the character of the husband and clamped charges of illicit relations with other girls and neighbour’s women. The husband further alleged that in marriage ceremonies or at public functions, she used to insult and loudly shout at him. The husband further stated that he was dealing in transport business in forest department, due to which, no time limit was fixed for coming and going to home and the wife unnecessarily suspecting him and used to insult and humiliate the staff of Forest Department by contacting them by Phone which also tarnished his image and despite the advice to mend her behaviour, the wife did not improve and threat was extended that he would be inculpated in a false case. Therefore, on these grounds decree of divorce was sought for.

3. The wife in her written statement denied adverse allegations and stated that she had no relation with any other person whatsoever and false allegations were levelled by the husband. She further stated that without her knowledge, she was made to consume BSC powder and when she became sick, out of fear, she was got admitted in the hospital. She further stated that she has not made any report to the Police whereas on false ground, the husband has lodged the report. The wife further stated that because of the fact the husband refused to keep the wife, the father of wife took her away on 21.03.2016 along with children to Khairagarh and since then she was residing there. She further states that on false allegations, the decree of divorce is sought for.

4. On the basis of pleadings, the learned trial Court C