2026:CGHC:1886-DB Digitally AFR signed by HARNEET HARNEETKAUR KAUR Date:

2026.01.15

11:16:39 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR First Appeal (MAT) No. 255 of 2023 Shri Bodhi Ram Sonkar S/o Shri Sukhiram Sonkar, Aged About 28 Years R/o Village Mundra, Police Station Mujgahan, Post Tekari, Tahsil Abhanpur, District Raipur Chhattisgarh.

... Appellant/Plaintiff versus Smt. Mohani Bai Sonkar W/o Shri Bodhikar Sonkar, Aged About 27 Years D/o Shri Girdhari Sonkar, R/o Village And Post Arjunda, Police Station Arjunda, District Balod Chhattisgarh ... Respondent/Defendant For Appellant : Mr. Shivendu Pandya, Advocate For Respondent : Mr. Amit Nayak, Advocate As Amicus Curaie : Mr. Rahul Tamaskar, Advocate DB- Hon'ble Shri Justice Sanjay K. Agrawal Hon’ble Shri Justice Arvind Kumar Verma Judgment On Board

13.01.2026 Sanjay K. Agrawal, J.

1. Invoking jurisdiction of this Court under Section 19(1) of Family Court Act, 1984, the appellant/plaintiff has preferred this appeal against the impugned judgment and decree dated 27/06/2023 (Annexure A/1) passed by learned Second Additional Principal Judge, Family Court, Raipur in Case No. HMA/260/2017 whereby application filed by the appellant/plaintiff under Section 13(1)(ib) of the Hindu Marriage Act, 1955 (hereinafter the Act of 1955) seeking decree for dissolution of marriage on the ground of desertion has been rejected finding no merit.

2. The aforesaid question arises on the following factual backdrop :-

(a) The marriage of appellant/plaintiff/husband and respondent/defendant/wife was solemnized on 07/03/2014 as per Hindu rites and rituals and they were blessed with a male child namely Bhavya Sonkar. Thereafter, on account of matrimonial discord between them, respondent/defendant left her matrimonial home in March, 2015 which led the appellant/plaintiff to file application for dissolution of marriage under Section 13(1)(ib) of the Act of 1955 on 02/05/2017 stating inter alia that the respondent/defendant left her matrimonial home without reasonable cause and without the consent of the appellant/plaintiff and she has been living separately for more than two years, therefore, decree for dissolution of marriage under Section 13(1)(ib) 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 and in her evidence, she took a plea that appellant/plaintiff has entered into second marriage and has two children out of that wedlock.

(c) Learned Family Court, Raipur, by its impugned judgment and decree dated 27/06/2023 (Annexure A/1), rejected the application for dissolution of marriage filed by the appellant/plaintiff holding that the appellant/plaintiff has already entered into second marriage and has two children out of that wedlock which shows that he, himself, is not ready and willing to keep the respondent/defendant in his house.

3. Mr. Shivendu Pandya, learned counsel for the appellant/plaintiff, would submit that the Family Court is absolutely unjustified in rejecting the application filed by the appellant/plaintiff by recording a finding which is perverse and contrary to the record as there is no pleading about him entering into second marriage either in the application filed before the Court or in the affidavit filed by the respondent/defendant and for the first time, this plea has been taken by the respondent/defendant in her cross- examination which the Family Court has found favour with and proceeded to reject the application filed by the appellant/plaintiff, which is unsustainable and bad in law.

4. Mr. Amit Nayak, learned counsel for the respondent/defendant, would support the impugned judgment and decree and submit that learned Family Court is absolutely justified in rejecting the application for dissolution of marriage filed by the appellant/plaintiff on the ground of desertion.

5. Mr. Rahul Tamaskar, learned Amicus Curiae, has brough