JUDGMENT :

(Radhakishan Agrawal, J.)

1. Challenge in this appeal by the appellant/wife under Section 28 of the Hindu Marriage Act, 1955 read with Section 19(1) of the Family Courts Act. 1984 is to the legality, validity and propriety of the judgment dated 27/11/2019 passed by Principal Judge, Family Court, Durg (C.G.) in Case No. 328/2018; whereby the petition filed by the respondent/husband under Section 13(1)(2)(a) of the Hindu Marriage Act, 1955 has been allowed and marriage between the parties has been dissolved by a decree of divorce.

2. As per averments in the plaint, marriage of the respondent/husband with the appellant/wife was solemnized on 27/04/2009 as per the Hindu customs and rituals at Bhilai, District Durg (C.G.). At the time of marriage the respondent/husband was posted in Indian Army at Badmer, Rajasthan and in the year 2011 he was posted in Babina, District Jhansi (M.P.). According to the husband, the wife used to misbehave with his parents and when he would try to make her understand, she would get aggressive and threaten of implicating him in false dowry and women harassment cases. From their wedlock, a female child was born on 18/09/2012. After naming ceremony of the child, in April 2014 the wife having quarreled with her in-laws left the matrimonial home with the child without informing anyone and went to her parental home at Camp-1 Bhilai, District Durg (C.G.) and started residing there. However, after a social meeting being convened at the parental home of the appellant/wife in which the parents of both the parties were present, the matter was resolved and wife came back to her matrimonial home. But in May 2014, she lodged a false report at the Police Station of being assaulted by her husband and demand of dowry by her father-in-law and mother-in-law; whereas at that time the husband was not present there. During counseling proceedings in the said matter the husband appeared where he expressed his willingness to live with the appellant/wife but she straight way refused to go with him. However, on being persuaded by the counseling members, the appellant wife herself came back to her matrimonial home in September, 2014 but on 17/09/2014 she again lodged a false case under Sections 498-A, 323, 394 and 506B of IPC against the husband and vide judgment dated 04/05/2017 the Judicial Magistrate First Class, Guderdehi acquitted the husband of all the charges.

3. The appellant/wife had filed a Civil Suit No. 273/2015 on 16/06/2015 before the Family Court, Durg (C.G.) for grant of divorce which was dismissed for want of prosecution on 18/09/2017. Hence, the husband filed a petition for grant of divorce on the ground of cruelty and desertion on the part of the wife.

4. Refuting the averments made in the complaint, the wife contended that it is the husband and his parents who used to quarrel and treat her with cruelty and force her to leave her matrimonial home. She never harassed a husband and his parents or threatened them of implicating in false case. She states that the husband and his parents used to beat her in connection with demand of dowry and also tried to burn her by pouring kerosene oil which was reported by her to the Mahila Thana, Durg (C.G.) where they were persuaded and advised to live together peacefully but the husband ousted her from his house. The husband was acquitted of the offences under Sections 498-A, 323, 294, 506B of IPC as on his repeated request she made statement in his favour but after his acquittal he again started beating her and therefore she filed a divorce petition. However, she deliberately did not appear in the said proceedings thinking that the situation would change in future which resulted in dismissal of the suit for want of prosecution. It is specifically stated by her that the husband wants to marry one Dakeshwari of Village Masul, District Balod (C.G.) and therefore has filed the divorce petition on false and frivolous grounds; whereas considering the future of her minor