JUDGMENT :

Sanjay S. Agrawal, J.

1. This appeal has been preferred by the Applicant – husband being aggrieved by the judgment and decree dated 23.02.2016 passed by the learned Family Court, Korba in Civil Suit No. 60-A/2010, whereby the application filed by him seeking dissolution of marriage has been dismissed. The parties to this appeal shall be referred hereinafter as per their description before the Court below.

2. Briefly stated the facts of the case are that the Applicant – husband instituted a suit claiming decree for dissolution of marriage on the grounds enumerated under Section 13 (1) (i) and (ia) of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act, 1955). It is pleaded in the application that his marriage with Non-Applicant – wife was solemnized on 01.05.1996 in accordance with the Hindu rites and rituals and immediately after the marriage, they started living at his village Jairamnagar, District Bilaspur and out of their wedlock, two children were born. According to the Applicant, his wife frequently used to go to her parental house at Korba and used to quarrel with him whenever he asked for the reason of her repeated visits. It is pleaded further that she lodged a false report on 07.09.2008 against him and his parents at Police Station Masturi, District Bilaspur, based upon which, an offence punishable under Section 498-A, 323 read with Section 34 of IPC was registered in connection with Crime No.290/2008. It is pleaded further that he had also initiated a proceeding for restitution of conjugal rights under Section 9 of the Act, 1955, which was registered as Civil Suit No.26-A/2009 and came to an end on 15.09.2009 based upon compromise and thereafter he and his parents have been acquitted of the charge under Section 498-A of IPC vide order dated 30.10.2009 passed by the Judicial Magistrate First Class, Bilaspur in Criminal Case No.850/2008.

3. According to the further contention of the Applicant – husband, his wife is living adulterous life as it was revealed based upon the preliminary examination conducted on her at hospital on 09.10.2009 that she became a pregnant, though there was no cohabitation during the said period. It is pleaded further that his wife has deserted him and started living separately since 02.12.2009, therefore, he is entitled to get a decree for dissolution of marriage under Sections 31 (1) (i) and (ia) of the Act, 1955.

4. While contesting the aforesaid claim, it was pleaded by the Non-Applicant – wife that after the solemnization of marriage, her husband and in-laws were demanding motorcycle and colour TV and owing to which, she was subjected to cruelty when the alleged demand of theirs was not fulfilled, and therefore, she has been constrained to lodge the alleged report on 07.09.2008. It is contended further that when the proceeding initiated by her husband for restitution of conjugal rights came to an end based upon compromise on 15.09.2009, at that relevant point of time, she was put in immense pressure by her husband to get the matter settled amicably in relation to the alleged crime and because of that she has not stated anything adversely against them and on account of her support, they have been acquitted of the said crime vide judgment dated 30.10.2009, which was passed in Criminal Case No. 850/2008. While denying specifically regarding the allegation of her living adulterous life, it is stated that when they were settling the dispute during the pendency of a proceeding initiated by her husband under Section 9 of the Act, 1955, he used to visit her house at Korba and used to stay there with her for 2 – 3 days and during the said period, she did not resist for having physical relation with him and out of which she has become pregnant.

5. After considering the evidence led by the parties, it was held by the Family Court that although the Non-Applicant – wife was found to be pregnant but it cannot be said that it was on account of her illicit relation with some one else as d