Cruelty and desertion established grounds for divorce under Hindu Marriage Act; applicant's claims of non-applicant's uncooperative behavior led to permanent breakdown of marriage.

JUDGMENT :

RAJANI DUBEY, J.

1. This appeal has been preferred by the applicant-husband being aggrieved by the judgment and decree dated 07.12.2017 passed by the learned Judge, Family Court, Camp Court, Katghora, District Korba, in Civil Suit No. 53-A/2015, whereby the application filed by applicant-husband seeking dissolution of marriage has been dismissed. The parties to this appeal shall be referred herein as per their description before the Court below.

2. Briefly stated fact of the case are that the applicant-husband instituted a suit claiming decree for dissolution of marriage on the grounds enumerated under Section 13 (1) (I) and (ia) of the Hindu Marriage Act, 1955 (for short ‘the Act 1955’). It was pleaded in the application that applicant’s marriage with the non-applicant was solemnized on 11.02.2010 and out of their wedlock, one daughter Nidhi was born. According to the applicant, after sometime of marriage, the attitude of the non-applicant was non- cooperative and belligerent. The non-applicant deliberately refused to perform her marital obligations and adopted an attitude of showing her disrespect to the applicant as well as his old aged parents. The non-applicant repeatedly coerced the applicant to live separately from his parents and dependent brothers. The applicant is an employee of SECL and due to his terms of employment, his services were transferable and posted at various establishment of the SECL. The non-applicant instead of residing in her matrimonial home left the company of the applicant and went to her parents home. The applicant took all endeavors to provide her maintenance towards her health and well being. The applicant also arranged for her medical treatment in the SECL Hospital. The applicant repeatedly requested the non-applicant to join his company and reside in her matrimonial home but the non-applicant bluntly refused the applicant. The non-applicant repeatedly coerced the applicant to live separately from his parents. It was also pleaded in the plaint that the non-applicant is living separately since May, 2011, and all the efforts of the applicant to bring her back went in vain. A meeting of the elders of the community was also convened in December, 2011, but the non-applicant again refused to join the company of the applicant. The applicant also moved an application under Sections 97 and 98 of the Cr.P.C. to bring back the non-applicant. The non-applicant thereafter lodged a false criminal complaint under Section 498(A) of the I.P.C. and implicated all his family members. However, by the judgment dated 11.08.2021 passed in Sessions Trial No.20/2019, the applicant and his family members have been acquitted from the charge and he has filed I.A.No.04/2025 for taking the judgment dated 11.08.2021 on record. The non-applicant has also filed an application under Section 125 of the Cr.P.C. and the applicant is regularly paying her maintenance. Therefore, he is entitled to get a decree for dissolution of marriage under the Act, 1955 on the ground of cruelty.

3. The non-applicant, in her reply, except admitted facts denied rest of the allegations and stated that applicant had demanded Rs.40,000/- for his transfer from Talchar to Korba and for transportation of the goods. Out of Rs.40,000/-, Rs.20,000/- was given by non-applicant’s father and Rs.20,000/- was borrowed from some other person and went with the applicant to perform her matrimonial obligation. The non-applicant always wanted to reside with applicant but due to continuous harassment of applicant and his family members, non-applicant compelled to reside with her parents in Deepka. The non-applicant admitted this fact that she has i