The court affirmed that irretrievable breakdown of marriage, while not a statutory ground, can justify divorce when reconciliation is impossible, supported by evidence of abandonment and cruelty.

Per Sachin Singh Rajput, J.

27/03/2025

1. The instant appeal under Section 19 (1) of the Family Court Act , 1984 has been filed by the appellant being aggrieved by the impugned judgment and decree dated 11.10.2021 (Annexure A/1) passed by the Court of learned Family Court Mahasamund, District- Mahasamund (C.G.) in Civil Suit No. 08-A/2020 whereby the application filed by the respondent/husband under Section 13 of the Hindu Marriage Act , 1955 for dissolution of marriage dated 15.07.1994 was allowed and decree for divorce has been passed.

2. The admitted facts of the case are that the marriage between the parties was solemnized as per the Hindu rites and customs in the year 1994 in village Surgi, Distrcit (C.G.). After marriage, they were residing in Village Barbaspur, District Mahasamund (CG) and out of their wedlock three sons namely Somesh 23 years, Sahil 20 years, Samir 19 years and one daughter namely Neha 22 years were born, who are presently residing with the respondent/husband. It is also undisputed that the appellant/wife was elected for the post of Janpad Member in the year 2014.

3. Case of the respondent/husband in nutshell is that after being elected as a Janpad Member, the appellant/wife’s behavior towards the respondent started to be neglectful and she did not show any enthusiasm in married life. From the year 2015, she started visiting Raipur, during which she fell in love with a person named Krishna Ratre, working in the Raipur Police Department. The respondent tried to convince the appellant, but there was no change in her behavior. For the last 2-3 years, the appellant is living with Krishna Ratre in his house by performing Churi Marriage and is living a married life. Since the year 2016, the appellant has abandoned the companionship of the respondent and married Krishna Ratre. The appellant/wife had filed an application in the year 2018 to get maintenance, in which an order for maintenance allowance of Rs.3000/- has been passed. Therefore, an application for dissolution of the marriage was filed.

4. Barring the admitted facts, the appellant/wife has denied all the adverse averments made by the respondent/husband and it is an allegation that without there being any divorce, the husband has kept a woman named Babita with him and respondent/husband is casting aspersions on the character of the appellant/wife on false grounds. Therefore, the application for divorce is liable to be dismissed with heavy cost.

5. On the basis of above broad pleadings, learned trial Court has framed the following issues:-

1. Whether the appellant/wife has abandoned the respondent/husband by performing marriage with Krishna Ratre by Churi Pratha?

2. Whether the marriage of the parties has been declared dissolved?

3. Relief and cost ?

6. Learned family Court by its judgment allowed the application and granted decree of divorce in favour of the respondent/husband. Hence, this appeal has been filed by the appellant/wife.

7. Learned counsel for the appellant/wife vehemently argued that the judgment and decree passed by the learned trial Court is purely erroneous, illegal and contrary to the principles of law and therefore, it is liable to be set aside. The learned family Court without appreciating the material evidence on record properly, passed the judgment and decree in favour of the respondent/husband. He further submits that the learned family Court has passed the decree for grant of desertion and no such pleading in the application was filed by the husband. He submits that husband could not prove by cogent and prudent evidence with regard to adultery against the wife. Thus, the instant appeal deserves to be allowed and impugned judgment and decree may kindly be set aside.

8. Despite service of notice none appeared on behalf of respondent/husband.

9. Heard learned counsel for the parties and perused the material available on record.

10. It is clear from the record of the trial Court that to support his application, respondent/husband examined him