JUDGEMENT :

SANJAY KUMAR JAISWAL, J.

1. The present appeal has been preferred by the defendant-wife under Section 19 of the Family Court Act, 1984 read with Section 28 of the Hindu Marriage Act, 1955 challenging the judgment and decree dated 03.05.2019 passed by the Family Court, Rajnandgaon in Civil Suit No.157-A/2016, whereby the learned Family Court allowed the application under Section 13 of the Hindu Marriage Act, 1955 (for short ‘the Act, 1955’) preferred by the respondent-husband for dissolution of marriage and granted decree of divorce on the ground of cruelty and desertion.

2. Facts of the case are that the respondent moved an application under Section 13 of the Act, 1955 for dissolution of the marriage which was solemnized on 01.05.2015. It was stated in the application that after 15 days of their marriage, the appellant went of her own to her parent’s house and after one week came back to her matrimonial house. She has stated that she is intending to prepare for the Railway Recruitment exam and to join the coaching class, she had to reside in hostel at Bhilai. To this, parents of the respondent/husband have suggested that she can reside at her parents’ house and once in a week she can come to her matrimonial home. Appellant/wife agreed to the same but after sometime she used to come either once in a week or two and that she would not do the domestic work or prepare food. She has stated that she wants to reside in a pucca house. It has been stated by the husband/respondent that wife is depriving him of the fruits of family life. The respondent is a farmer and therefore the appellant/wife was neglecting him and residing at her parent’s house. The appellant/wife due to her stubbornness resided at Bhilai and joined the coaching classes and after sometime she never visited her matrimonial house. It is stated that whenever she used to visit her matrimonial house, her behaviour with the respondent and his parents was rude. She used to threaten them to falsely implicate in any criminal case. Thereafter, a society meeting was also called for compromise between them but she left to her parent’s house to appear in the exam and thereafter lodged a false complaint against the respondent and his family members. The respondent again called for a social meeting at Dongargarh but she was not ready to reside with the respondent and has compelled him for dissolution of marriage to which the society had given three months time, but on 12.11.2015, she went to her parent’s house. The respondent made a lot of efforts to bring back his wife to live a peaceful life, which was denied by the appellant-wife. In these circumstances, the respondent has pleaded that since the appellant/wife is not willing to reside with him, the decree of divorce may be granted to him.

3. In reply to the allegation, the wife contended that she was subjected to torture for bringing less dowry and demanded Rs. 1,00,000/- and a motor cycle. She has alleged that if she will bring the same then she will be permitted to join the coaching for railway recruitment exam. Appellant/wife has stated that the financial condition of her father is not as such to fulfill the demand and therefore the husband left her in her parent’s house. Thereafter on 23.01.2016, appellant/wife lodged a written complaint at police station Somni, Rajnandgaon. Father of the appellant called for a social meeting in the village but the husband and his family members denied to take the appellant/wife along with them to resume the matrimonial ties.

4. On the basis of averments made by the parties, issues were framed and after affording an opportunity of hearing to the parties, the learned family Court framed issues of cruelty and desertion and the finding was held proved resulting into dissolution of the divorce petition. Being aggrieved by such order, the instant appeal.

5. Counsel for the appellant submits that the impugned judgment passed by the Family Court is illegal, perverse and contrary to the law.