Mental cruelty can be inferred from a spouse's persistent refusal to cohabit and disrespectful behavior, justifying divorce under the Hindu Marriage Act.

Judgment ;

(Rajani Dubey, J.)

Challenge in this appeal under Section 19(1) of the Family Courts Act, 1984 read with Section 28 of the Hindu Marriage Act, 1955 is to the legality and validity of the judgment and decree dated 22.11.2023 passed by First Additional Principal Judge, Family Court, Raipur in H.M.A. No.895/2019 whereby the application under Section 13(1)(i-a) of the Hindu Marriage Act filed by the appellant/applicant has been dismissed.

02. The admitted fact in this case is that marriage of the appellant with the respondent was solemnized on 10.6.2017 as per Hindu rites and rituals.

03. The appellant filed an application under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 with the averments that after marriage, the respondent lived with him for 2 ½ months at Village-Pirda and thereafter started insisting on joining coaching class in Bilaspur whereas it was agreed between the parties before marriage that the respondent would live at her matrimonial home as a homemaker and discharge her marital obligations. However, in September 2017 she left her matrimonial home without informing the appellant or her in-laws and went to Khairagarh and from there to Bilaspur for joining coaching classes. She returned from Bilaspur to Khairagarh in April, 2018. Despite much persuasion to come back, she agreed on the condition that he has to live separately with her in Raipur and with the hope of improvement in her behaviour with the passage of time, he agreed and took her back to Village-Pirda. However, after about 20-25 days she joined a coaching class in Raipur and would come to Raipur with the appellant for her coaching. As the appellant was a doctor in Narayan Hospital, Raipur they would commute together from Pirda to Raipur i.e. about 13-14 km. On 20.8.2018 the respondent told the appellant that today she is staying in Raipur and when he asked as to where and with whom she is staying, she did not reply and switched off the mobile. She is a woman of perverted mentality. When he informed about this to her mother, she threatened him of false implication in a criminal case and sending them to jail if he puts any restriction on her. Being fed up with the cruel conduct and mental perversity of the respondent, the appellant and his family members on 11.9.2018 made a complaint to Mahila Cell, Bemetara where during counseling the respondent also expressed her unwillingness to live in joint family at a rural area and desire to get a job as per her qualification. She deliberately remained absent during counseling and filed complaint against the appellant and his family members on false grounds with Mahila Thana, Raipur. Considering her conduct, the Mahila Cell, Bemetara dropped the counseling proceedings with the conclusion that the appellant is totally committed to the respondent.

04. It was further averred by the appellant that he made all possible efforts to bring her back and hence filed an application under Section 9 of the Hindu Marriage Act for restitution of conjugal rights before Family Court, Bemetara where the respondent with malafide intention entered into compromise with him for living together in Raipur. However, even during the period 22.4.2019 to 5.5.2019 while they were living in Professor Colony, Raipur in a rented accommodation, her conduct towards him was disrespectful and cruel. On 5.5.2019 she left the said house after locking the door and did not receive his phone calls. Hence being fed up with the cruel conduct and mental perversity of the respondent and there being no hope of reunion, the appellant prayed for grant of a decree on the ground of cruelty.

05. In her written statement, the respondent stated that she was not given due respect in her matrimonial home, her husband and his parents used to taunt her that the appellant is a doctor by profession, so she should also do some job. The appellant was earlier posted in Bilaspur, therefore, he got her admitted in Bilaspur based coaching center where they lived for three