2026:CGHC:6136-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR FA(MAT) No. 139 of 2024 Sanju Soni S/o Resham Lal Soni Aged About 33 Years R/o Ward No.

13 Tikrapara Shivrinarayan District Janjgir Champa Chhattisgarh ... Appellant versus Smt. Rashmi Soni W/o Sanju Soni and D/o Nagendra Soni, Aged About 27 Years R/o Quarter No. MQ-597, Azad Chowk, Dipka, P.S.

Dipka, District Korba Chhattisgarh ... Respondent For Appellant : Ms. Shivangi Agrawal, Advocate appears on behalf of Mr. Shashwat Mishra, Advocate For Respondent : Ms. Astha Sharma, Advocate on behalf of Mr. Ujjal Choubey, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Hon'ble Shri Justice A rvind Kumar Verma Judgment on Board A rvind Kumar Verma , J .

03/02/2026 Heard.

1. The instant appeal is against the judgment and decree dated

07.03.2024 passed in Civil Suit No.309A/2022 by the learned Additional Principal Judge, Family Court, Janjgir, District Janjgir-

Digitally

ASHUTOSH signed by

MISHRA ASHUTOSH

MISHRA

Champa, C.G. whereby the application filed by the husband under Section 13 of the Hindu Marriage Act, 1955 for declaring the marriage solemnized between the parties null and void was dismissed. The present appeal is by the husband.

2. The brief facts of the case are that the husband leveled allegation that the marriage in between the parties solemnized on 04.02.2018 in Korba (Dipka) and out of the said wedlock no child was born. According to the plaintiff, after the marriage, she learned that the applicant/respondent had a condition called PCDO and was infertile. The applicant/respondent was already aware of this fact, but the marriage was consummated by concealing it. Upon learning of this fact, the plaintiff convened a family meeting, where the respondent admitted to the matter. According to the plaintiff, after the social meeting, the applicant/respondent began to constantly quarrel and harass the applicant without reason. In an attempt to humiliate her, she went to the applicant's college and began questioning the applicant and his colleagues about his conduct and began falsely slandering him. The plaintiff filed a complaint against the applicant with the Family Counseling Center and the Superintendent of Police, Raigarh. Based on this complaint, the applicant was taken to the Women's Counseling Center Case No. 135/2018 was registered and proceedings were conducted from 20.08.2018 to 29.10.2018 and the same was sent to the non-

applicant.

3. According to the applicant/plaintiff, the non-applicant/respondent began demanding a family partition and acquiring a house in Raigarh in her name. Upon refusal, she threatened to implicate him in a false case. The non-applicant arrived in Shivrinarayan and began creating a ruckus, prompting the applicant/plaintiff to file a complaint at the Shivrinarayan police station, and proceedings were initiated under Sections 107 and 116 (3) of the CrPC under Case No. 178/2018. Fed up with the non-applicant/respondent's harassment, the applicant/plaintiff's mother filed a domestic violence case against the non-applicant and her family before the Judicial Magistrate, Pamgarh, on September 13, 2019. The non-applicant/respondent continued to treat the applicant cruelly and threatened to implicate him in a false case. She left for her parents' home on February 20, 2019, which the applicant reported to the Chakradhar Nagar police station. After that, when called, she stayed with them and after staying for a few days, she again went to her maternal home. Troubled by the applicant/plaintiff, a petition was filed under Section 10 of the Hindu Marriage Act. On 18.09.2019, the respondent left the house with the Raigarh police along with all her belongings and since then the non-applicant is residing at her maternal home. A report was filed by the non-applicant/respondent under Section 498-A of the Indian Penal Code. In which the applicant and her old parents, brother Sandeep and sister Nisha Soni were named.

4. The non-applicant/respondent objected, but he was