JUDGMENT :

(Deepak Kumar Tiwari, J.) :

1. Heard.

2. Learned Counsel for both the parties did not object hearing of the case through live streaming.

3. The instant Appeal is filed by the Appellant/wife against the judgment and decree dated 20.08.2019 passed by the Judge, Family Court, Bemetara, District Bemetara in Civil Suit No.37-A/2015 whereby, the application filed by the Respondent/husband under Section 13 of the Hindu Marriage Act, 1955 was allowed. The wife is in Appeal before this Court.

4. The facts of the case are that the parties got married on 08.05.2008 and out of the said wedlock, a girl child was born on 19.07.2009. The Respondent/husband is presently posted as Siksha Karmi, Grade-1. After marriage, as per the social custom, on 04.07.2008, the Appellant/wife had returned to her matrimonial house situated at village Barduli after performing ‘gouna’ and both the husband and wife lived happily together for about 6 months. It is alleged that initially, the Appellant/wife did not like the marriage as it was performed in the rural area and thereafter, she joined B.Ed course at Raipur and in the last week of May, 2009, after finishing of the said examination, the Respondent/husband had gone to take back his wife from Raipur but she had stated that she would reside at her maternal house situated at village Devarbija and during such period, she got conceived also. After 8 days, when the Respondent/husband had gone to village Devarbija, the Appellant/wife refused to go with him as there are no proper medical facilities at the village of her in-laws and she delivered a baby girl on 19.07.2009 at village Devarbija. In the year 2010, the Respondent/wife had filed a police complaint for dowry at police station Mahila Thana, Durg and thereafter, the Respondent/husband had called various social meetings, which were convened at Sahu Samaj, Saja in the month of December, 2013 but the Appellant/wife did not turn up in the said meetings. On 24.02.2014, a social meeting was scheduled wherein the Appellant/wife had imposed a condition that she would not go to village Barduli and reside separately to which, the Respondent/husband accepted and they both started residing at village Pipariya from 26.11.2010. After some time, again the behavior of the Appellant/wife has changed and she started threatening the Respondent/husband that she will commit suicide and stated that he should keep her at village Pipariya and she will not go to village Barduli though as per the advice given in the social meeting, they were supposed to live separately only for 4 to 6 months from the family and in such circumstances, the Respondent/husband vacated the rented house at village Pipariya in the month of February, 2011 and asked the Appellant/wife to reside with him at village Barduli but she had not accepted the said proposal. The wife had filed an application for maintenance before the Family Court, Bemetara in the month of May, 2011 and thereafter, the Respondent/husband had also filed an application for restitution of conjugal rights before the Court at Bemetara and the same was dismissed for want of jurisdiction and thereafter, he again filed an application for the same purpose at Family Court, Kabirdham in which, counseling was done in the months of September and October, 2013 and they started to reside at Kawardha and lived together for 4-6 months at such place. On 03.02.2014, the Appellant/wife reached the office of the Respondent/husband at ITI where also, negotiation was made for compromise but the Appellant/wife refused to reside at village Barduli. On 17.02.2014, a compromise application (Ex.P-3) has been filed and the matter was listed before the Lok Adalat scheduled on 23.02.2014. On 21.04.2014, the Appellant/wife had again gone to the office of ITI of the Respondent at Kawardha and threatened him to take her back to his house at Kawardha otherwise, she would kill herself. Though the Respondent/husband had tried his level best to keep his wife with