Pratap Dahariya S/o Late Sarharam Dahariya vs Girja Bai W/o Pratap Dahariya

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Chh) 378

GOUTAM BHADURI, SANJAY S. AGRAWAL
Pratap Dahariya S/o Late Sarharam Dahariya – Appellant
Versus
Girja Bai W/o Pratap Dahariya – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Shri Sumit Singh, Advocate
For the Respondent:Ms. Nirupama Bajpai, Advocate

JUDGMENT :

Goutam Bhaduri, J.

Heard.

1. The present appeal is against the judgment and decree dated 13/02/2019 (Annexure A/1) passed by the learned Family Court, Janjgir, District Janjgir-Champa, C.G., whereby the application filed by the husband under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (for short 'the Act, 1955') seeking divorce on the ground of cruelty was dismissed.

2. The brief facts of the case are that the marriage was solemnized in between the parties on 12/05/2009 at village Lachchanpur, District Janjgir-Champa, C.G. and out of the wedlock a child was born. The husband made averments that he was working as Teacher and whenever he used to come late, the wife raised suspicion on his character and further she failed to discharge her matrimonial obligations apart from the fact it was stated that the physical appearance of the husband was also targeted to be ugly. The husband further stated that false allegations were leveled for demand of dowry against him and entire family members. It is further averred that the wife tried to commit suicide and also used to extend threat to commit suicide. Making allegation that on 28/06/2013, the wife called the members from her pa