IMPORTANT POINT
The main legal point established in the judgment is the requirement for evidence to substantiate claims of cruelty and desertion in seeking a divorce under the Hindu Marriage Act, 1955.

JUDGMENT :

Radhakishan Agrawal, J.

1. Appellant-Husband preferred this appeal against the judgment and decree dated 29.11.2021 passed by the Family Court, Ambikapur, District Surguja, C.G. in Civil Suit No.136-A/2018, whereby the suit filed under Section 13 of Hindu Marriage Act, 1955 (for short, 'the Act, 1955') by the husband/appellant for grant of decree of divorce has been dismissed.

2. The facts, in brief, are that marriage between the appellant/husband and respondent / wife was solemnized on 26.04.2013 at Ambikapur according to Hindu rites and rituals. After marriage, the respondent / wife joined the company of the husband and out of their wedlock, one female child was born. It is alleged by the husband that after marriage, the wife used to visit her maternal home frequently without any information and also refuses to stay at village Ranpurkala. It is averred by the husband that he is working as Constable in the Chhattisgarh Armed Force at village Silphili and on account of his busy in peforming duties, it is not possible for him to look after his parents and old maternal grand-mother (nani) and for this reason, the wife would often fight with the appellant and never wanted to stay with him and his family as she often used to go to her maternal home even after birth of child. It was also put forth by the appellant that because of behaviour of his wife and looking to his busy in duties, he left his child to his parents house at Surajpur where he admitted his child in Global Public School and despite that, the wife took his child without any permission from School Management and information to which has been given to Surajpur, Police Station, who advised him to go to the Court as it is a family dispute. Since the wife often used to go to her maternal home, the appellant is unable to give much time to care his old maternal grand-mother (nani). It was alleged that since the wife is leading an independent life by her free conduct and behaviour, therefore, she is not performing her matrimonial obligations and because of which he and his family members have to face difficulties and inconvenience. It is also alleged that wife has filed a case against him under the Protection of Women from Domestic Violence Act (for short, 'the DV Act') before the Chief Judicial Magistrate, Ambikapur and further filed a case for maintenance, which act of the wife has hurt the honour and dignity of the husband in the society. In this way, his wife always tried to implicate him in a false case to teach him a lesson and thus he was subjected to mental cruelty by wife and the respondent-wife is residing separately for the past 3 years from him and there is no possibility of staying together as he was deserted by her without any sufficient cause, therefore, the appellant is entitled to decree of divorce.

3. The respondent-wife filed its written statement denying the averments pleaded in the suit filed by the appellant-husband. She has specifically stated that no cruelty has ever been meted out by her. It is also specifically stated by her that after marriage, the husband took her to the house of his grand-mother situated at Ranpurkala where on account of land dispute, there is always a threat of fight and sometimes, the opposite party used to come to home and commit marpeet with her husband for which she lodged a report in the Police Station, Gandhinagar. She has also specifically stated that husband used to misbehave and beat her over small petty matters and thinking that everything would go in smooth in future, she continued to tolerate the torture meted out by her husband. She made a number of requests to take her to Silphili quarter, which was refused by him. After her daughter has been admitted in a school situated at his parents village, at that time, she was living all alone in village Ranpurkala. Therefore, she went to the school and took her daughter back after informing the same to the Mahila Police Station at Ambikapur. It was also specifically