C A V Judgment

Per Rajani Dubey, J Challenge in this appeal is to the legality and validity of the judgment and decree dated 28.7.2022 passed by Family Court, Jashpur in Civil Suit No.11A/2018 whereby the application filed by the respondent/plaintiff under Section 13(1)(1)(1-A) of the Hindu Marriage Act, 1955 has been allowed and consequently marriage between the parties stands dissolved.

02. The respondent/plaintiff filed an application under Section 13(1) (1)(1-A) of the Hindu Marriage Act, 1955 (in short “the Act of 1955”) with the averments that his marriage was solemnized with the appellant on 25.4.2008 as per Hindu customs and rituals at Village- Patthalgaon, Distt. Jashpur and from their wedlock son Arth Goyal, 09 years, and daughter Adwika Goya, 04 years, were born. After one year of the marriage, behaviour of the wife towards the husband and his family members became very rude and indecent. Instead of doing household work she would indulge in amorous chat with other person on Facebook. It was further pleaded that on 27.12.2017 the plaintiff along with the defendant, his children, sister Payal, brother-in-law Ashish Agrawal and their children went to Maihar Devi for Darshan. However, the defendant called his male friend Nitin Singh there behind the back of the plaintiff and went with him to roam around. Upon missing report being lodged by the plaintiff at Police Station – Maihar, Distt. Satna, offence under Crime No.274/17 under Section 363 of IPC was registered and on 2.1.2018 at around 21:30 hours the defendant was recovered from a rented accommodation at the instance of said Nitin Singh. She along with her daughter was then given in the custody of her brother Rahul Singhal on 3.1.2018 and since then she had been living at her parental house at Vishrampur. However, upon much persuasion in the social meeting held on 13.2.2018 at Patthalgaon, the plaintiff took back the defendant and his daughter on 9.3.2018 and started living in a rented house but even thereafter there was no change in her behaviour and she continued to torture him physically and mentally. She is in relation with other person. Therefore, a decree of divorce may be granted.

03. The appellant/defendant in her written statement denied all the adverse averments and contended that after marriage, the plaintiff and his parents started treating her in an indecent manner, they tortured her for bringing Rs.8 lacs from her father and that Ashish Agrawal, who is husband of her sister-in-law, made may attempts to have illicit relation with her. Her father has already given Rs.25 to 30 lacs to the plaintiff. In fact, the plaintiff has an extramarital affair. On 27.12.2017 when they went to Maihar, Ashish Agrawal tried to commit rape on her in the room of hotel Deep Palace and when this incident was narrated to the plaintiff, he forcibly sent her along with her daughter to the house of her female friend and did not come to take them back. Then she with the help of her friend started living in a rented accommodation with her daughter in Banaras. When her father came to know about missing report being lodged by the plaintiff, he and her brother informed about the same to SP, Surajpur and thereafter, the plaintiff informed Maihar police. The defendant is living in Patthalgaon and the maintenance of her children and herself is being done by her parents. On 12.11.2018 the plaintiff also attempted to have illicit relation with her daughter Adwika Goyal which was reported at PS-Patthalgaon. Therefore, she also wants divorce from him on the condition that he would return Rs.1.5 crores given as dowry, give Rs.50 lacs towards compensation for mental harassment, the gold and silver ornaments, bear the whole expenses of their maintenance including education and make arrangement of their accommodation at Patthalgaon.

04. Based on the pleadings of the respective parties, learned Family Court framed three issues and after appreciation of oral and documentary evidence on record all