The court established that a spouse's long-term separation and failure to reconcile can constitute grounds for divorce based on cruelty and desertion under the Hindu Marriage Act.

Judgment :

(Rajani Dubey, J.)

1. Since the parties in both the cases are same, therefore, both the appeals are being heard together and are decided by this common judgment.

2. The appeal i.e. FA(MAT) No.30/2021 has been filed against the judgment and decree dated 25.03.2021 passed by learned Family Court, Balod (C.G.) in Civil Suit No. 40-A/2016 whereby the application filed under Section 9 of the Hindu Marriage Act by the respondent/wife has been allowed and decree for restitution of conjugal rights has been passed in favour of the respondent/wife.

3. The appeal i.e. FAM No. 119/2016 has been filed against the judgment and decree dated 13.05.2016 passed by learned 1^st Additional Principal Judge, Link Court/Family Court , Balod in Civil Suit No. 23- A/2010 whereby the application filed under Section 13 of the Hindu Marriage Act by the appellant/husband for grant of divorce, has been dismissed.

4. In FA(MAT) No. 30/2021 - Admitted facts of the case are that the marriage between the appellant/husband and the respondent/wife was solemnized on 27.04.2007 in accordance with Hindu rites and rituals and they have been blessed with a daughter who is aged about 13 years.

5. The brief facts of the case as have been pleaded by the wife before the Family Court, are that after marriage, wife lived at her in-law’s Village- Khairidih, Tehsil- Daundilohara, District- Balod for about 7 months and started living her marital life. After some time of marriage, her husband and his family members started harassing her and raising dispute. During her pregnancy also, they harassed her. It is also pleaded that at the time of her pregnancy, her husband left her with her parents and has never taken care of her. On 11-06-2008, her daughter was born who is presently residing with her. She wants to reside with her husband. Therefore, a decree for restitution of conjugal rights may be passed in her favour.

6. The non-applicant/appellant, in turn admitting the applicant/respondent as his wife and denying all adverse allegations made in the application contended that the applicant/wife herself left the company of the non- applicant/husband and started residing with her parents. She lodged report under Section 498-A of I.P.C. against the non-applicant and his family members, however they were acquitted by the learned trial Court of the alleged charge. Against the said acquittal, the appeal filed by the applicant/wife has also been dismissed by the learned Sessions Court. The applicant had also filed an application under Section 12 of the Protection of Woman from Domestic Violence Act, 2005, which has also been dismissed by the learned trial Court as well as the learned appellate Court. Earlier, the non-applicant/husband had filed an application under Section 9 of the Hindu Marriage Act , 1955, for restitution of conjugal rights, but the applicant has put the condition that if he left his parents, then only she is ready to reside with him. Thereafter, the non-applicant/husband has withdrawn his application. Subsequently, he has filed an application under Section 13 of the Hindu Marriage Act , 1955, for grant of decree of divorce, which has been dismissed by the learned Family Court and an appeal is pending before this Court. Further, the wife filed an application under Section 125 of Cr.P.C. for grant of maintenance before this Court and the same has also been dismissed by this Court.

It is also submitted by the non-applicant that after about 8 years from residing separately from her husband, she filed the instant application. During this period, she made various efforts to harass the non-applicant/ husband by making various complaints to the police station. She pressurized him to left his parents and forced him to live as Ghar Jamai. She also doubted about his character. Looking to her behavior and attitude with him, their residing together is not possible and he prayed for dismissal of her application. He made various efforts and went to Amapara, Balod, to bring her