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GOUTAM BHADURI, N. K. CHANDRAVANSHI
P. Venkat Rao – Appellant
Versus
P. Padmavati – Respondent
ORDER ON BOARD
Goutam Bhaduri, J.—Heard.
2. The present appeal is by the husband against the dismissal of a petition seeking divorce under Section 13(1)(i-a) of the Hindu Marriage Act, 1955. The dismissal order was passed in Civil Suit No.98A/2015 by Third Additional Principal Judge, Family Court, Durg on 07.5.2018.
3. The brief facts in this case are that the appellant was earlier married and got divorced from his first wife in the month of July 2010. From the first marriage a son was born, who was aged about 10 years at time of second marriage. The husband stated that to secure future prospect and to provide parenthood to the son, the husband again married with respondent P. Padmavati on 06.3.2011 at Arya Samaj, Bhilai. The husband stated that before the second marriage, past was disclosed to the second wife including about the son. It is further pleaded that before the second marriage he went through vasectomy (Nasbandhi) as he did not want any further child in future. The respondent/wife also acceded to such arrangement to accept son from the first wife to be their only son. The husband further alleged that after two years of marriage, things went normally but subsequent to it,
(1) Cruelty - A demand to have child by wife from husband cannot be constituted a cruelty.(2) Cruelty - In absence of any evidence, inference of cruelty further cannot be drawn.
Under Hindu Law, marriage is not merely a contract, and the demand for children cannot be construed as cruelty.
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