2025:CGHC:15121-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR FA(MAT) No. 149 of 2022

1 - Smt. Deepa Chandrakar, W/o Shri Hemant Chandrakar, D/o Prakash Chandrakar, Aged About 35 Years, R/o Village & Post - Gaurbhat, Thana &

Tahsil - Arang, District : Raipur, Chhattisgarh ... Appellant versus

1 - Hemant Chandrakar, S/o Shri Balkumar Chandrakar, Aged About 37 Years, Occupation - Labour, R/o Village & Post - Birkoni, Police Station &

Tahsil - Mahasamund, District : Mahasamund, Chhattisgarh ... Respondent(s)

For Appellant : Mr. Sunil Sahu, Advocate For Respondent(s) : Mr. Mayank Chandrakar, Advocate Hon’ble Smt. Justice Rajani Dubey, Hon’ble Shri Justice Sachin Singh Rajput Judgment on Board Per Rajani Dubey, J.

28.03.2025

1. The appeal has been filed by the appellant/wife against the judgment and decree dated 28.07.2022 passed by learned Family Court Mahasamund, District- Mahasamund, Chhattisgarh in Civil Suit No. 69- A/2021 whereby the application filed under Section 13 of Hindu Marriage Act, 1955 by the respondent/husband seeking decree of divorce, was allowed and consequently, the marriage of the parties solemnized on 03.07.2010 has been dissolved and total amount of Rs. 75,000/- has been awarded in favour of the appellant/wife as a permanent alimony. The parties to this appeal shall be referred herein as per their description before the learned family Court.

2. Before the learned trial Court, it is an admitted fact that the appellant/wife is legally married wife of the respondent/husband. Their marriage was solemnized on 03.07.2010 at village- Gaurbhat, Tehsil- Arang, District- Raipur (C.G.) as per Hindu rites and rituals. From their wedlock, a daughter namely Kumari Priyanshi @ Prachi was born on 06.06.2011. The appellant/wife and the respondent/husband has been living separately for the last 8 years. The respondent/ husband filed the suit under Section 9 of the Hindu Marriage Act before the Family Court, Mahasamund (Chhattisgarh) for restitution of conjugal rights and the same was dismissed on 05.02.2015.

3. Plaintiff/husband filed the application under Section 13 of the Hindu Marriage Act seeking decree of divorce before the learned trial Court on the ground that after marriage, the relationship between the plaintiff/applicant and the defendant/non-applicant was very cordial. After the birth of their daughter, a dispute arose between the parties due to the defendant/wife not liking to do household work and quarreling over petty matters. Due to stubborn nature of the defendant/wife, the plaintiff/husband left his native village and his parents and started living with the defendant/wife in a rented house in Mahasamund and tried to keep his wife happy by working in a grocery shop, but his wife pressurized him and called her cousin Krishna Kumar and kept him with her. Thereafter, on 19.01.2013, she went to her parental home and works as a teacher in Saraswati Shishu Mandir Gaurmat and earns Rs. 6,000/- per month. The respondent/husband called a meeting to reconcile the matter but the appellant/wife and her family refused to accept the decision of the society. The appellant/wife along with her family members, filed a report in Mahila Thana Raipur on 14/09/2013. On the basis of which, a charge sheet was filed before the trial Court against the plaintiff/husband and his family members for the offence under Section 498A/34 of the Indian Penal Code. Later on, vide judgment dated 11.04.2019, the Judicial Magistrate First Class Mahasamund, District Mahasamund acquitted the plaintiff and his family members of the alleged offence.

The plaintiff/husband and the defendant/wife have no relationship for the last eight years and there is no chance for restitution of conjugal rights in future. Therefore, the plaintiff/husband is entitled to get a decree of divorce against the defendant/wife and marriage of the plaintiff and the defendant solemnized on 03.07.2010 may be dissolved.

4. In her written statement, wife/defendant denying the adverse alleg