JUDGMENT :

Goutam Bhaduri, J.

1. The present appeal is against the judgment and decree dated 25.01.2018 passed by the family Court, Raipur in Civil Suit bearing H.M.No.379/2016 whereby the application filed by the husband under section 13(1)(1-a) of the Hindu marriage Act was dismissed.

2. As per the plaint averments, both the parties are engineering graduates and they got married on 04.02.2013. Thereafter, respondent wife joined the company of the husband but since the wife is in the Government Job earning at par with the husband, she used to dominate the husband and hurl abuses at him. It is further contended that the wife used to pressurize the husband to get her father treated and wanted his entire salary to spend on medical treatment of her father, but the husband did not yield to the pressure of wife. For this reason, gradually a dispute began. When the husband tried to console the wife, she came out with a threat that he would be inculpated in a false case. It was stated that without any reason, she often used to leave the matrimonial house and stay at maternal home, for which, a meeting was convened on 12.06.2016. Thereafter with the intervention of the elders of Society, she came back to matrimonial home on 19.06.2016. Even after her rejoining the company of husband, she did not refrain from demanding money for treatment of her father. The husband having expressed his inability to extend the monetary support, she went away to her maternal home and a report was lodged on 02.07.2016 which led to registration of FIR. Later on, a counseling took place on 05.07.2016 but she refused to come back. Therefore, on these grounds, a decree of divorce was sought by the husband.

3. The respondent wife filed her written statement and denied the allegations. It was stated that she never wanted any financial support for treatment of her father and never refused to attend any social meeting and there was no topic about mutual divorce from her. She has further pleaded that during counseling, she did not deny proposal of reunion. She further stated that after marriage, she was pressurized to give a mutual divorce by the husband. Therefore, an application u/s 10 of the Hindu Marriage Act for judicial separation was filed by her. She further stated that because of the dowry, she was harassed by hurling abuses and by subjecting to assaults and domestic violence. In such factual back ground, the wife prayed that the application of the husband may be dismissed.

4. The learned family court after evaluating the evidence dismissed the application seeking divorce. Hence, this petition.

5. Before this Court though the respondent was represented, yet intermittently her counsel stopped to appear. Therefore, on 10.05.2022, SPC was issued to her. Even a show cause notice was also sent to her counsel for non-appearance. After service of SPC, again the advocate appeared to argue the case but subsequently failed to appear. Therefore, after giving several opportunities, this Court by order dated 01.09.2022 has decided to proceed with hearing in absence of representation of the respondent. Accordingly, the matter is finally heard in absence of respondent.

6. Learned counsel for the appellant would submit that the statement of the husband remains unrebutted and the fact that he was implicated in false case u/s 294 & 323 IPC would be evident from acquittal and the only intention of the wife is to harass the husband. She refers to certain documents to show that the acquittal was recorded on 12.03.2022 and the appellant was exonerated of the charges punishable u/ss 294 & 393 IPC, for which, the husband was already arrested subsequent to file of report by the wife. She would further submit that the charge sheet was filed in Crime No. No.206/ 2016 registered against the appellant for the offence u/s 294 & 393 IPC and copy of charge sheet would show that though the allegations have been made but eventually it was not proved and as many as 13 to 16 chances were given for