NAFR HIGH COURT OF CHHATTISGARH, BILASPUR F.A. (MAT) No. 50 of 2019 Judgment Reserved on : 18.11.2022 Judgment Delivered on : 08.12.2022 Smt. Tikeshwari Chouhan, W/o Shri Anil Chouhan, aged about 32 years, D/o Shri Ashok Singh Thakur, R/o Gali No. 9, Vivakanand Ashram, Tahsil & District Raipur (C.G.)

---Appellant/Defendant Versus Shri Anil Chouhan, S/o Shri Laxman Singh Chouhan, aged about 34 years, R/o Senior M.I.G. 49, Kabir Nagar, Raipur, Tahsil &

District Raipur (C.G.)

---- Respondent/Plaintiff For Appellant : Mr. Sourabh Sharma, Advocate.

For Respondent : Mr. Sanjay Agrawal, Adv.

Hon'ble Shri Justice Goutam Bhaduri Hon'ble Shri Justice N.K. Chandravanshi CAV JUDGMENT Per N.K. Chandravanshi, J.

1. Present appeal has been preferred by the appellant/wife against the judgment & decree dated 17.10.2019 passed by First Additional Principal Judge, Family Court, Raipur in H.M.A. No. 322/15 whereby application filed by respondent/husband seeking divorce under Section 13 (1)(i-a) of the Hindu Marriage Act, 1955 (henceforth “The Act, 1955”) was allowed in favour of respondent/husband.

2. Facts of the case, in brief, are that an application under Section 13 (1) (i-a) of the Act, 1955 was filed by the respondent/husband for grant of decree of divorce before Family Court, Raipur pleading inter alia that his marriage was solemnized with the appellant/wife on 17.05.2011 according to Hindu rites and rituals, but after marriage attitude and behaviour of wife was not good and respectful towards husband and his parents. She always used to quarrel and abuse on petty issues along with them. After 10 days of their marriage, marriage of younger sister of husband was scheduled to be held and on the said occasion relatives were coming, at that time, wife started quarreling with them to live separately. Paternal house of wife is also at Raipur, hence, she used to go there without informing husband and despite several efforts to bring her back, she did not return for many days. After about 4-5 months of their marriage, she went to her paternal home without informing them and when she was talked over telephone by husband, she got angered and used filthy language and also threatened to commit suicide, then husband somehow managed to bring her back. On 25.04.2012, she again quarreled with husband to live separately from his parents and threatened to implicate them in dowry case and send them to jail. She also refused to celebrate their first wedding anniversary on 17.05.2012, as at that time she was at her parental home. On assurance given by the parents of wife, that she will not quarrel and also not compel to live separately, husband brought her back on 30.05.2012, but after few days, she again started quarreling on petty issues with her husband and mother-in-law and also insisting to live separately. Whenever husband tried to explain her not to do such type of act, she threatened to commit suicide by saying that “you always keep your parents' side”. When mother-in-law did not permit her to keep fast, as she (wife) was pregnant at the relevant point of time, then wife quarreled with her in front of husband and his father. Thereafter, wife did not talk with husband for many days and due to her such attitude, mother of husband was compelled to do household work, as wife did not do the said household work. Firstly when the husband & his family members has made complaint to her father about her such attitude & behaviour, then her brother came and took her at parental house, while going, the wife threatened to kill their child. From December, 2012 to June, 2013, wife did not return, hence, husband made complaint (Ex.P-1)

at Police Station Amanaka, Raipur on 12.06.2013.

2.1. On being given intimation (Ex.P-2) under Section 155 of the Cr.P.C., husband made complaint on 22.06.2013 (Ex.P-3) at Mahila Police Station, Raipur. On the same day, wife delivered female child and when the said fact was informed to the husband, he went to the Hospital to meet them, but she re