JUDGMENT :

RADHAKISHAN AGRAWAL, J.

1. Appellant-Husband preferred this appeal against the judgment and decree dated 18.04.2018 passed by the learned Additional Principal Judge, Family Court, Bilaspur, C.G. in Civil Suit No. 112-A/2016, whereby the petition filed by the wife/respondent for grant of decree of divorce was allowed.

2. Averments made in the suit filed under Section 13 of the Hindu Marriage Act, 1955 (for short ‘the Act 1955’) by the respondent/wife, in brief, are that appellant/husband married the respondent/wife on 26.04.2012 according to the Hindu rites and rituals. After marriage, the respondent/wife joined the company of the husband and from their wedlock, one male child was born. It is alleged by the wife/respondent that soon after the marriage, she was being tortured and harassed mentally and physically on different occasions by the appellant/husband in connection with demand of dowry and for saving the family, she was tolerating the torture given by the husband. Even at the time of her pregnancy, she was ill-treated by the appellant/husband and was dropped at her parental home. This apart, the appellant/husband also levelled false allegation on her character and on that ground sought divorce by filing a petition under Section 13 of the Act, 1955 i.e. Civil Suit No. 48A/14 which was subsequently dismissed by the Court. Being fed up with the persistent ill-treatment by the husband and his family members, she filed a complaint case under Section 12 of the Protection of Women from Domestic Violence Act, 2005 and an application under Section 125 of Cr.P.C. for grant of maintenance as also lodged a report under Section 498-A of IPC against him. Respondent/wife is living separately from the appellant/husband since 09.04.2014, there is no possibility of re-union of the parties and as such, decree of divorce on the ground of cruelty was sought for.

3. Appellant/husband in his written statement denied all the adverse averments made by the respondent/wife and stated that it is the respondent/wife who used to pressurize him for living separately from his family members. He never treated her with cruelty, rather took all possible best care of her. He had filed a suit under Section 13 of the Hindu Marriage Act because during the proceedings in Mahila Paramarsh Kendra, Bilaspur, she had admitted having extra marital affair with other persons and during the said proceedings, a false report under Section 498A of IPC was lodged against him. To avoid arrest in the said case, he had to run away and, therefore, his suit for divorce was dismissed due to his non-appearance. Even by mentioning false date of birth of the wife and showing forged Janam Kundli (Birth Chart), the marriage was performed with the husband against which he made a complaint to the police and when no action was taken thereon, he filed a complaint case before the Court of CJM, Bilaspur which was dismissed and the same has been challenged in revision before the Sessions Court which is under consideration. With the above averments, the appellant/husband prayed for dismissal of the suit filed by the respondent/wife.

4. The Family Court considering the pleadings of the respective parties, the oral and documentary evidence adduced by them, by the impugned judgment and decree dated 18.04.2018, allowed the suit and dissolved the marriage performed between the parties.

5. Learned counsel for the appellant/husband submits that the Family Court was not justified in granting decree of divorce in favour of the respondent/wife on the ground of cruelty, the said finding is perverse and contrary to the material available on record. No evidence of any independent witness of family of the wife was adduced before the Court below. The appellant vehemently denied the allegations levelled against him by the wife in his written statement as also in the oral evidence whereas the respondent/wife failed to prove her case by adducing any reliable evidence and the Court below wrongly shifted