IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL DHAGAT &

HON'BLE SHRI JUSTICE B. P. SHARMA

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ON THE 27 OF OCTOBER, 2025 FIRST APPEAL No. 2650 of 2018 KAUSHAL CHAUDHARY Versus POOJA CHAUDHARY Appearance:

Shri Vishwa Mohan Bhardwaj - Advocate for appellant.

Ms. Renu Tiwari - Advocate for respondent.

ORDER Per: Justice B. P. Sharma This appeal under Section 19 of the Family Courts Act, 1984 has been preferred by the appellant/husband assailing the judgment and decree dated 07.12.2018, passed by the learned Principal Judge, Family Court, Betul, in Regular Civil Suit No.196A/2017, whereby the application filed by the appellant under Section 13 of the Hindu Marriage Act, 1955 seeking dissolution of marriage on the grounds of cruelty and desertion was dismissed.

2. For the sake of convenience, the parties shall hereinafter be referred to as per their status before the Family Court, i.e., the appellant as the husband and the respondent as the wife.

3 . It is an admitted fact that the marriage between the appellant and the Signature Not Verified Signed by: SANTOSH respondent was solemnized on 06.06.2010 as per Hindu rites and customs. Out of the said wedlock, two children, namely Aparna and Vihan, were born, who are presently residing with the respondent/wife.

4. The case of the appellant/husband before the Family Court was that soon after marriage, the respondent, along with her brother, demanded a sum of Rs.5,00,000/- from him for facilitating her brother’s appointment in the Police Department. Upon his refusal, the respondent started behaving in a cruel and unreasonable manner. It is alleged that she frequently insulted and humiliated the appellant and his family members. The respondent also lodged a false complaint under Section 498-A of the Indian Penal Code, 1860, with the intention to harass the appellant and his family members. It has also been alleged that two brothers of the respondent are serving in the Police Department, and they misused their position to pressurize the appellant.

5. The appellant further stated that on 06.06.2014, which was their wedding anniversary, the respondent left her matrimonial home and started residing with her parents and brothers. In order to reconcile the relationship, the appellant approached the Family Counselling Centre, Betul, on 07.06.2014, but due to the indifferent and careless attitude of the respondent, all efforts of mediation failed. Thereafter, the respondent lodged another criminal case against the appellant and his family members under Sections 294, 324/34, 323/34, and 506/34 of the IPC. However, by judgment dated 19.07.2017, the learned Judicial Magistrate First Class, Betul, acquitted the appellant and his father of all charges.

6. It has further been stated that the respondent also filed an application Signature Not Verified Signed by: SANTOSH under Section 125 of the Code of Criminal Procedure, 1973 for grant of maintenance, which was decided by the Family Court, Betul, in MJC No. 376/2015 vide order dated 18.01.2017. Against the said order, the respondent preferred a revision petition bearing CRR No.707/2017, which is pending adjudication.

7. The appellant thereafter filed a suit under Section 13 of the Hindu Marriage Act, 1955 on 05.10.2017, seeking dissolution of marriage on the grounds of cruelty and desertion. The learned Family Court, upon appreciation of evidence, dismissed the said suit vide judgment and decree dated 07.12.2018, holding that the appellant had failed to establish the allegations of cruelty and desertion.

8. Aggrieved by the aforesaid judgment and decree, the present appeal has been filed by the appellant/husband.

9. Learned counsel for the appellant contended that the learned Family Court failed to properly appreciate the evidence on record and the circumstances surrounding the matrimonial dispute. It was urged that the respondent/wife had voluntarily deserted the appellant/husband without any reasonable cause on 06.06.2014, and si