Digitally signed by BHOLA B N H AT O H LA NATH KHATAI KHATAIDate:

2026.01.16 17:20:52 +0530

2026:CGHC:2828-DB AFR HIGH COURT OF CHHATTISGARH AT BILASPUR FA(MAT) No. 152 of 2024 Judgement reserved on 05.01.2026 Judgement delivered on 16.01.2026 Judgement uploaded [full] on 16.01.2026 Smt. Vijaylata Khare W/o Ashok Kumar Khare Aged About 40 Years R/o Vill - Sarwani, P.S. And Tah. Kasdol, Dist - Baloda Bazar- Bhatapara, Chhattisgarh.

... Appellant/defendant versus Ashok Kumar Khare S/o Jivrakhan Aged About 49 Years R/o Vill - Barbhantha, P.S. And Tah. Nawagarh, Distt - Janjgir-

Champa, Chhattisgarh.

... Respondent/plaintiff For Appellant : Mr. Vaibhav A. Goverdhan, Advocate For Respondent : Mr. H. V. Sharma, Advocate (Division Bench)

Hon’ble Shri Justice Sanjay K. Agrawal Hon’ble Shri Justice Sanjay Kumar Jaiswal

CAV Judgment

Sanjay K. Agrawal, J.

1.

Appellant/defendant/wife has preferred this appeal under Section 19(1) of the Family Courts Act, 1984 feeling aggrieved and dissatisfied with judgment and decree dated 09.04.2024 passed by the Principal Judge, Family Court, Janjgir, District Janjgir-Champa (CG) in Civil Suit No. 163-A/2022, by which the application filed under Section 13 of the Hindu Marriage Act, 1955 by respondent/plaintiff/husband for dissolution of marriage solemnized on 02.06.2003 has been allowed granting decree of devorce in favour of respondent/husband.

2.

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

i) The marriage between appellant and respondent was solemnized on 02.06.2003 in accordance with Hindu rituals and customs. However, after five years of their marriage, the appellant/wife lodged an FIR against her husband i.e. respondent/plaintiff for offence under Section 498A of IPC which was decided on 05.06.2009 and the respondent/husband was acquitted of the said charge vide Ex.P-3. Subsequently, when the Respondent/husband was appointed as a Shikshak Panchayat in 2010, the Appellant/wife and the Respondent/husband started living together again as husband and wife in Village Rangerpara, Sarangarh (CG). It is the case of respondent/husband that the appellant/wife maintained illicit relationship with a person named Murlidhar Chandra. Consequently, a social meeting regarding their matrimonial dispute was held on 08.12.2017. Following this, on 17.12.2017, the Appellant/wife left her matrimonial home and started living separately. Thereafter, the Appellant/wife filed an application under Section 125 of CrPC seeking maintenance which was rejected by the Family Court vide Ex.P-4. Finally, on 17.12.2020, the Respondent/husband filed a suit seeking dissolution of marriage on the ground enumerated under Section 13 (1) (i) (ia) of the Hindu Marriage Act, 1955 (for short, ‘the Act of 1955’).

ii) During pendency of the suit, on 03.05.2023, the respondent/husband made an amendment in Para-11 of his plaint/suit as Para-11(A) introducing that Nandram Suman (PW-4) had seen the appellant/defendant and one Murlidhar Chandra making physical relations and informed about the same to respondent/plaintiff which is the specific ground under Section 13 (1) (i) of the Act.

3.

The appellant/wife filed her written statement denying the allegations made by the respondent-plaintiff and made a counter allegation that it is the respondent/husband who had treated her cruelty and prayed for dismissal of the suit.

4.

Learned Family Court framed three main issues for consideration in para-6 of its judgment and except issue No.2, answered other 2 issues in affirmative as under :-

वा(cid:2)द प्रश्न निनष्कर्ष(cid:12)

01. क्या(cid:2) अन(cid:2)वा(cid:19)निदक(cid:2)/प्रत्यार्थी(cid:23) न(cid:19) आवा(cid:19)दक/या(cid:2)निtiक(cid:2)कर्ता(cid:2)(cid:12) क(cid:27)

शा(cid:2)री(cid:30)रिरीक एवा! मा(cid:2)नसि$क रूप $(cid:19) प्रर्ता(cid:2)नि’र्ता करी क्रू)रीर्ता(cid:2) क(cid:2)रिरीर्ता क* “ प्रमा(cid:2)नि/र्ता”

है?, 02. क्या(cid:2) अन(cid:2)वा(cid:19)निदक(cid:2)/प्रत्यार्थी(cid:23), आवा(cid:19)दक/या(cid:2)निtiक(cid:2)कर्ता(cid:2)(cid:12) क(cid:27) न