Digitally signed by SHAYNA KADRI NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Reserved for orders on : 22.08.2025 Order passed on : 15.09.2025 FA(MAT) No. 242 of 2023

1 - Rakesh Kumar Pradhan S/o Vikram Pradhan Aged About 42 Years Occupation- Teacher, R/o Village And Post Sankara (Jonk) Police Station Sankara, Tehsil Pithora, District : Mahasamund, Chhattisgarh ... Appellant versus

1 - Smt. Vinodani W/o Rakesh Kumar Pradhan Aged About 35 Years R/o Village And Post Sankara (Jonk), Police Station Sankara, Tehsil Pithora, District :

Mahasamund, Chhattisgarh ... Respondent(s)

(Cause-title is taken from Case Information System)

For Appellant : Ms. Sharmila Singhai, Sr. Advocate assisted by Mr. Hrishabh Deo Singh and Ms. Kanchan Kalwani, Advocate For Respondent : Mr. Arvind Shrivastava, Advocate (Division Bench)

(Hon’ble Smt. Justice Rajani Dubey Hon'ble Shri Justice Amitendra Kishore Prasad)

C.A.V. Order Per; Amitendra Kishore Prasad, Judge

1. The present appeal is filed under Section 19(1) of the Family Court Act, 1984 arising out of the Judgment and Decree dated 31.07.2023, passed by the learned Family Court, Mahasamund, Distt. - Mahasamund, in Civil Suit No. 82A/2021, whereby the learned Court has dismissed the suit filed by appellant under Section 13(1)(i) of the Hindu Marriage Act, 1956.

2. Facts of the case, in a nutshell, are that the appellant, being the husband, initiated legal proceedings seeking a decree of divorce against the respondent, his legally wedded wife, under Section 13(1)(i) of the Hindu Marriage Act, 1955, on the ground of alleged adultery. It is an admitted fact that the marriage between the parties was solemnized on 02.04.2005 at Village Tenganapali, following customary Hindu rituals. The marriage resulted in the birth of two daughters, namely Ku. Sejal, aged about 16 years, and Ku. Komal, aged about 13 years, at the time of the institution of the suit. The appellant alleged that the relationship between the spouses deteriorated significantly over time due to the extramarital involvement of respondent. According to the appellant, for nearly six to seven years preceding the filing of the divorce petition, the respondent had been involved in an extramarital affair with one Balwinder Singh Chhawda, a resident of Village Sankara. The appellant claimed that he had personally witnessed the respondent and Balwinder Singh in an objectionable and compromising position within his own house. Following this incident, the appellant alleged that the respondent began exhibiting hostile behavior, frequently quarreling with him, and issuing threats to implicate him in false criminal cases. Additionally, she allegedly threatened to commit suicide along with their daughters in an attempt to coerce or intimidate him. It was further claimed by the appellant that when he confronted the respondent about her relationship with Balwinder Singh and requested her to leave the children and go with him, she outrightly refused. Moreover, the respondent allegedly humiliated the appellant by questioning his sexual abilities and expressing dissatisfaction in their marital relationship. Based on these cumulative allegations, the appellant approached the Court seeking divorce on the ground of adultery, asserting that the respondent was continuing to live in an adulterous relationship with Balwinder Singh.

3. In response to the suit, the respondent entered appearance and filed her written statement after being served with notice. She categorically denied all the allegations leveled against her, except for the admitted fact that she is legally married to the appellant. The respondent turned the allegations back on the appellant, claiming that he was himself characterless and had been involved in an illicit and long-standing relationship with his own sister-in-law (Badi Bhabhi). According to the respondent, the sister-in-law (Badi Bhabhi) of appellant was highly influential in the life of appellant, to the extent that he regularly handed over most of his