2026:CGHC:4986-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR FA(MAT) No. 307 of 2024 Dheeraj Kumar Sahu S/o Late Duryodhan Lal Sahu aged about 34 Years R/o Kodiya Block Dhamdha District- Durg ( C.G.). --- Appellant/Plainti versus Jyoti Sahu W/o Shri Dheeraj Kumar Sahu, aged about 34 Years R/o Five Building, Malviya Nagar District- Durg ( C.G.).

--- Respondent/Defendant For Appellant : Mr. Ashwin Panickar, Advocate For Respondent : Mr. Rishikant Mahobia, Advocate Hon’ble Shri Sanjay K. Agrawal, Judge Hon’ble Shri Arvind Kumar Verma, Judge Judgment on Board

28/01 /202 6 Digitally signed by JYOTI JHA Date:

2 1 0 1 2 :3 6 8 .0 :4 1 6 .30 Arvind Kumar Verma J.

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1. Invoking jurisdiction of this Court under Section 19(1) of Family Court Act, 1984 and Section 28 of the Hindu Marriage Act, 1955, the appellant/plaintiff has preferred this appeal against the impugned judgment and decree dated 23.07.2024 (Annexure A/1) passed by learned Principal Judge, Family Court, Durg in Civil Suit No. 447/2022 whereby application filed by the appellant/plaintiff under Section 13(1)(i- a) (i-b) of the Hindu Marriage Act, 1955 (hereinafter the Act of 1955)

seeking decree for dissolution of marriage on the ground of cruelty and desertion has been rejected finding no merit.

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

a) The marriage of appellant/plaintiff with respondent/defendant was solemnized on 03.02.2014 as per Hindu rites and customs in Durg and they were blessed with a baby girl namely Anubhavi Sahu on 18.11.2014. Thereafter, the appellant was subjected to continuous mental and physical harassment, culminating in a violent assault. The incident dated 17.10.2019, which occurred on the occasion of Karva Chauth and involved a physical assault on the appellant by the respondent with the aid of her brother, resulted in injuries to the appellant and created a real and reasonable apprehension to his life and personal safety. A report in this regard was lodged at Police Station Padmanabhpur, Durg. Owing to the said incident and the continuing hostile conduct of the respondent, the appellant was compelled to leave the matrimonial home and reside at different places to safeguard his life, whereas the respondent continued to reside independently in the matrimonial house. Since 17.10.2019, the appellant and respondent have been living separately for more than two years. The matrimonial relationship has irretrievably broken down and there exists no reasonable possibility of resumption of conjugal life. Therefore, the appellant filed suit for divorce and dissolution of marriage before the learned Family Court, Durg on the ground of cruelty and desertion by respondent and decree for dissolution of marriage under Section 13 of the Act of 1955 be granted in his favour.

(b) Respondent/defendant opposed the application and filed her written statement stating that it is the appellant/plaintiff who has deserted her without any lawful cause. No cruelty has been committed by her with her husband and her mother namely Keshar Sahu. She is living with her mother-in-law in the matrimonial house along with her minor daughter. The appellant has left his house due to extra material affairs. However, she is ready and willing to reside with him. She does not wish to deprive her minor daughter of the love and affection of her father. The aged mother of the appellant is being duly looked after and maintained by her. Hence, the application filed by the appellant is not maintainable and is liable to be dismissed.

3. In sum and substance, learned Principal Judge Family Court, after consideration of oral and documentary evidence on record, held that appellant/plaintiff has failed to prove and establish that respondent/defendant has committed cruelty towards him and proceeded to dismiss the suit filed by him on the ground enumerated under Section

13(1)(ia) of the Act of 1955.

4. Mr. Ashwin Panickar, learned counsel for the appellant/plaintiff, would subm