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2022 Supreme(Chh) 558

GOUTAM BHADURI, DEEPAK KUMAR TIWARI
Devki Nandan Das S/o Amulya Ratan Das – Appellant
Versus
Manorama Das W/o Devki Nandan Das – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Praveen Dhurandhar.

JUDGMENT :

DEEPAK KUMAR TIWARI, J.

1. The present Appeal has been filed under Section 19(1) of the Family Court Act, 1984 read with Section 28 of the Hindu Marriage Act, 1955 challenging the judgment and decree dated 11.7.2017 passed by the First Additional Principal Judge, Family Court, Durg in Civil Suit No. 141-A/15 whereby the suit under Section 13(1-ia)(1-ib) of the Hindu Marriage Act filed by the appellant seeking divorce has been dismissed.

2. Indisputably, the appellant’s marriage was solemnized with the respondent on 31.1.2010 in accordance with Hindu and Bangali rituals at Hudco, District Durg. The appellant is having Diploma in Mechanical Engineering and is presently working as Production Engineer in Advani Aarlincon Factory, Raipur, and the respondent is working as Shiksha Karmi, Grade-II at Tilda, Raipur.

3. Case of the appellant/plaintiff is that he is the only son of his parents, therefore, it was expected from the respondent that she would carry on the lineage, but the wife denied physical relations with the appellant on the ground of illness as also on the ground of appellant being impotent. Upon being asked by the family of the respondent, the appellant got himself me

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