Digitally signed by AMIT PATEL

2026:CGHC:908-DB

2026:CGHC:908-DB

2026:CGHC:908-DB

2026:CGHC:908-DB

2026:CGHC:908-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR FA(MAT) No. 178 of 2023 {Arising out of judgement and decree dated 29.04.2023 passed by learned Family Court, Raipur, District- Raipur (C.G.) in H.M.A. No.1160/2019}

• Smt. Humika Tamrakar, W/o Shri Nitesh Kumar Tamrakar, Aged About

42 Years R/o Lily Chauk, Purani Basti, District Raipur, Chhattisgarh.

... Appellant versus • Shri Nitesh Kumar Tamrakar S/o Shri Mohan Lal Tamrakar Aged About 41 Years R/o Ward No. 42, House No. 348, Subhash Nagar, Kasaridih, Near Mannu Sahu General Stores, Tahsil -District - Durg, Chhattisgarh.

... Respondent For Appellant : Mr. Aniket Verma, Advocate.

For Respondent : Mr. Abhyuday Tripathi, Advocate.

Hon'ble Smt. Justice Rajani Dubey, J.

Hon’ble Shri Justice Amitendra Kishore Prasad, J.

C.A.V. Judgment Per Rajani Dubey , J.

1. This appeal is filed by the appellant/wife against the impugned judgment and decree dated 29.04.2023 passed by learned Family Court, Raipur, District- Raipur (C.G.) in H.M.A. No.1160/2019, whereby the learned Family Court has dismissed the application under Section 13 (1) of Hindu Marriage Act, 1955 for decree of divorce and dissolved the marriage between the parties on the ground of cruelty. Therefore, the present appeal filed by the appellant/wife.

2. Brief facts of the case are that the marriage between the parties was solemnized on 27.04.2016 at Dhamdha as per Hindu rites and rituals and since then they are residing together. After few day of their marriage, the respondent/husband’s family started to have a negative attitude towards the appellant/wife. In July, 2017, the appellant became pregnant, however, due to the deliberate negligence of the respondent, the appellant suffered a miscarriage. In January, 2018, the appellant became pregnant again, however, the respondent and his family members gave the appellant wrong medicines and did not take proper care of her as well as did not take her to the hospital, when she needed medical attention the most and this resulted in the appellant’s second miscarriage. The respondent’s family wanted the appellant to adopt the child of the respondent’s sister, whereas the appellant did not want to do so, but the respondent’s family was adamant and continuously tried to convince her forcefully, which was protested by the appellant and that is also the reason due to which the appellant was being continuously harassed in her married life. The appellant had filed a case against the respondent and his family members under Section 498- A read with Section 34 of IPC due to being subjected to cruelty and harassment due to them and the case is still pending before the subordinate court. The respondent/husband had failed to discharge his duty as a husband. The appellant/wife is unable to continue the marriage as she was deprived of the love and care of her husband. The respondent was under the influence of his family members and is very reckless towards his work, which caused the appellant to face financial hardship. Since January, 2017 the appellant went to search for a work and place as she was being thrown out from her in laws’ house. Presently, the appellant is working as Assistant Professor and during that period, the respondent and his family members never asked the appellant to come back. The appellant even tried to stay with the respondent for which she presented an application under Section 09 of Hindu Marriage Act, 1955 but due to the carelessness and irresponsibility of the respondent, the appellant was unsuccessful. Since August, 2018, the appellant and the respondent have been living separately and the appellant tried to be in contact with the respondent, though the latter does not showed any interest in discharging his matrimonial duties as husband, thus the appellant had preferred a suit under Section 13(1) (ia) of Hindu Marriage Act, 1955 before learned Family Court. The application