The burden of proof lies heavily upon the petitioner to establish desertion without any reasons being assigned. Cogent and reliable evidence is required to prove desertion.

JUDGMENT :

(Sanjay S. Agrawal, J.) :

1. This appeal has been preferred by the non-applicant/wife under Section 19(1) of the Family Courts Act, 1984, questioning the legality and propriety of the judgment and decree dated 18.11.2021 passed by the learned Judge, Family Court, Dhamtari in Civil Suit No.67-A/2018, whereby the learned Court below has allowed the applicant/husband’s application in part, entitling him for decree of dissolution of marriage on the ground of desertion under Section 13(1)(i-b) of the Hindu Marriage Act, 1955.

2.1 Briefly stated the facts of the case are that the marriage of the applicant/husband was solemnized with the non-applicant/wife on 01.12.2014 in accordance with their customary rites and rituals at Dhamtari and, out of their wedlock, a son namely Rohan was born on 10.11.2015. According to the applicant, parents of his wife came to his house after 20 days of the solemnization of his marriage and his father-in-law told him that his daughter is not happy here as she was forced to do household work alone which was denied by him that a maidservant is already there in the family who alone execute all the household activities. It is pleaded further that after sometime, his father-in-law came again and took his daughter in order to attend the marriage of his friend’s daughter and after returning from the said marriage, the behaviour of his wife has changed and used to force him to take her to Raipur, Delhi and Bombay for wandering and often used to say that she doesn’t want to live in a small city like Dhamtari and started pressurizing him for shifting to Raipur. It is pleaded further that the non-applicant/wife often used to talk with his parents in a rude manner and always used to disrespect them and also used to taunt his mother that the whole family is of lower grade and cannot have even the maidservant in the house. It is pleaded further that his wife has even levelled false allegations against him of having extra-marital affairs with someone else and she also alleged that he is alcoholic and not a man of good character.

2.2. Further contention of the applicant/husband is that on 02.04.2015, his brother-in-law came to his house and took his wife in his absence and his father without any intimation along with all her belongings and valuables and since then, she is living separately at her parental house without any reasons being assigned and when he came to know, he along with his family members went to her house, wherein her father has refused to send her back and she also refused to come along with him, owing to which, he moved an application before the Pujya Panchayat Sindhi Samaj, Dhamtari on 22.05.2015 in order to save his marital life, wherein she was directed to live with him in the house for a period of three months under their responsibilities, but, her father has disobeyed the same while writing a letter to the Pujya Panchayat Sindhi Samaj, Dhamtari on 07.07.2015 and has, thus, refused to settle the matter at panchayat level. It is alleged further that even upon birth of his son, he was not informed either by his wife or by his parents or invited by them and he came to know about the birth of his son from some other person after 15 days. It is pleaded further that when he visited his in-laws house in order to see his child, he was denied by them, therefore, he has been compelled to file the petition in the instant nature seeking dissolution of marriage on the ground of cruelty and desertion.

3. While denying the aforesaid claim, it was pleaded by the non-applicant/ wife that she never misbehaved her in-laws nor disrespect them nor has ever insisted her husband for their shifting to Raipur, as alleged by him. It is contended further that she never levelled any allegation regarding his extra-marital affairs with anyone else nor has ever said that he is not a man of good character and all these allegations are false and fabricated one and have been made in order to get the decree for dissolution of