JUDGMENT :

Goutam Bhaduri, J.

Heard.

1. This appeal is against the judgement and decree dated 29/11/2018 passed by the Family Court, Rajnandgaon in Civil Suit No.30-A/17 whereby petition filed by the husband seeking divorce under Section 13 of the Hindu Marriage Act was allowed. The wife being aggrieved by such jugement and decree is before this Court in appeal.

2. The facts of this case are that the parties were married on 16/05/2005 and thereafter according to the husband, the wife stayed with the husband for few days and went back to her parental home. It was pleaded that she appeared in an examination for shiksha karmi and after the marriage she got selected. Therefore, on the pretext that she has to discharge her job for some reason or other, she remained out of the company of the husband. Husband further alleged that whenever advise was given to her to stay alongwith husband, he was being abused and was meted with all mental and physical cruelty. The allegations are also levelled that even the family members of the husband were abused and physical assault was also not restrained. Further husband stated that the wife wanted to keep him with her at her parental place which the husband refused, therefore the issue further aggravated though he tried to keep his matrimonial life alive but eventually all thing failed and they stayed in a rented house at Rajnandgaon but she left and went back to her parental home, thereby deserted the husband without any lawful cause. Further complaint were also made by the wife to the Rajnandgaon police and even at the working place of the husband, the wife used to go and create a scene which has caused the mental cruelty to the husband, therefore on different grounds divorce was sought for.

3. The wife in her reply denied the allegations, instead the allegation of cruelty was shifted to the husband. It was further stated that after consumption of excessive liquor, the husband used to abuse and physically torture the wife and in an intoxicated state, the husband used to misbehave with the family members of the wife and after getting back to his consciousness he used to apologize. The wife further contended that for the child born out of the wedlock, the husband refused to keep and maintain them but the wife discharged her duty with all due diligence as a parent as also as a wife. It was further stated that when the wife asked for certain support for the children, he became aggressive and the husband himself has left the wife in her parental home which led to isolation of the wife at the behest of the husband. Eventually the things did not improve despite the wife wanted to keep the matrimonial life alive and all efforts failed. On the basis of allegation and adverse allegations issues were framed. The husband examined himself and one Prabhat Kumar Dewangan was also examined. The wife examined herself and her sister. The learned Family Court after evaluating the evidence decreed the petition in favour of the husband on the ground of cruelty. Being aggrieved by such order, this instant appeal is by the wife.

4. Learned counsel for the appellant/wife would submit that without going into the controversy of the cruelty certain development in the relation took place as after the decree of divorce on 29/11/2018 an appeal was filed on 8/01/2019. This court has passed an order that the parties shall be governed by the statutory provisions of Section 15 of the Hindu Marriage Act, 1955 and therefore the relation of the husband and wife was not severed. It is stated subsequently, the wife and the husband started living together again and out of such relation the husband cohabitated with the wife, as a result of which, a third child was born on 30/01/2020. Thereby without prejudice the submission against cruelty of whatever nature it would have prevailed earlier was condoned. He placed his reliance in (1975) 2 SCC 326 in between DR. N.G. Dastane Vs. MRS. S. Dastane and (2010) 4 SCC 476 in between Ravi Kumar Vs.