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{FA (MAT) No.257/2023}

2026:CGHC:6157-DB

Digitally

signed by AFR

SISTA

SISTA SOMAYAJULU

SOMAYAJULU Date:

2026.02.04 HIGH COURT OF CHHATTISGARH AT BILASPUR

19:34:50

+0530

FA(MAT) No. 257 of 2023

{Arising out of judgment and decree dated 17-8-2023 in Civil Suit

No.55A/2022 of the Judge, Family Court, Dhamtari}

Judgment reserved on: 14-1-2026

Judgment delivered on: 4-2-2026

Judgment (Full) uploaded on: 4-2-2026

Dharmendra Sahu, at present aged about 43 years, S/o Banshi Lal Sahu,

R/o Vivekanand Nagar, Street No.4, Dhamtari, District Dhamtari,

Chhattisgarh.

(Plaintiff)

... Appellant

versus

Smt. Sandhya Sahu, Age about 37 years, W/o Dharmendra Sahu, Presently

R/o Behind Sangam Marriage Palace, Boriakhurd, P.S. Tikerapara, Raipur,

District Raipur, Chhattisgarh.

(Defendant)

... Respondent

For Appellant : Mr. Yogesh Pandey, Advocate.

For Respondent : Mr. T.K. Jha and Mr. Shashi Kumar Kushwaha,

Advocates.

Division Bench: -

Hon'ble Shri Sanjay K. Agrawal and

Hon'ble Shri Arvind Kumar Verma, JJ.

C.A.V. Judgment

Sanjay K. Agrawal, J.

1. Feeling aggrieved and dissatisfied with the judgment & decree dated

17-8-2023 passed by the Judge, Family Court, Dhamtari in Civil Suit

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{FA (MAT) No.257/2023}

No.55A/2022, the appellant herein/plaintiff/husband has preferred

this appeal under Section 19(1) of the Family Courts Act, 1984,

calling in question the legality, validity and correctness of the same

by which his application for divorce on the ground of cruelty and

desertion has been rejected by the Family Court, Dhamtari, finding

no merit.

2. The aforesaid challenge has been made on the following factual

backdrop: -

(For the sake of convenience, parties hereinafter will be

referred as per their status shown and ranking given in the civil suit

before the Family Court.)

2.1) Marriage of the appellant herein/plaintiff was solemnized with

the respondent herein/defendant on 28-4-2009 at Village

Piperchedi, District Dhamtari as per the Hindu rites and they were

blessed with a daughter namely, Disha on 14-12-2010 and thereafter,

again on 9-4-2014, they were blessed with second daughter namely,

Harshita. Thereafter, on 10-4-2017, on the basis of report lodged by

the defendant/wife, the police registered offence against the

plaintiff/husband, his brother Devesh and his mother Laxmi for

offence punishable under Section 498A of the IPC under Crime

No.125/2017 at Police Station City Kotwali, Dhamtari and after

lodging the FIR, the defendant/wife went to her parents’ house and

did not return back to her matrimonial home. The jurisdictional

criminal court by judgment dated 25-4-2022 (Ex.P-8) acquitted the

plaintiff/husband, his brother and his mother of the charge under

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{FA (MAT) No.257/2023}

Section 498A of the IPC in Criminal Case No.460/2017 holding that

charge has not been proved beyond reasonable doubt. Thereafter,

the plaintiff/husband filed an application for divorce on the ground

of cruelty under Section 13(1)(ia) and desertion under Section 13(1)

(ib) of the Hindu Marriage Act, 1955 before the Family Court,

Dhamtari alleging that false criminal case was instituted against him,

his brother and his mother in which they have been acquitted and the

defendant/wife is also guilty of desertion.

2.2) The defendant/wife filed her written statement controverting

the allegations made in the plaint stating inter alia that she has not

committed any cruelty or she is not guilty of desertion, rather the

plaintiff/husband is cruel as a result of which she has attempted to

commit suicide and she was admitted to hospital, as such, the suit

deserves to be dismissed.

2.3) The Family Court, on the basis of material available on record,

framed following four issues and arrived at the findings recorded

therein:-

Ø- Okkn iz’u fu”d”kZ

1. D;k izfroknh us oknh ds lkFk fookg ds vuq”Bkiu i'pkr~ “izekf.kr ugha”

Øwjrkiw.kZ O;ogkj fd;k?

2. Øwjrkiw.kZ D;k oknh }kjk fookg&foPNsn gsrq ;kfpdk “izekf.kr ugha”

izLrqr fd;s tkus ds Bhd igys de ls de 02 o”kZ dh

dkykof/k rd oknh dks izfrokfnuh }kjk vfHkR;Dr j[kk