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 3 OF DECEMBER, 2025 FIRST APPEAL No. 598 of 2020 PANKAJ WADEKAR Versus SMT. MAHAMAYA @ VEDIKA Appearance:

Shri Manoj Chaturvedi - Advocate for the appellant.

None for the respondent.

ORDER Per: Justice B. P. Sharma Appellant-husband has filed this appeal under Section 19 of the Family Courts Act, 1984 against the judgment and decree dated 24.07.2020, passed by the Principal Judge, Family Court, Bhopal in RCS No.1322-A/2018 whereby an application under Section 13 of Hindu Marriage Act, 1955 (hereinafter to be referred as 'the Act of 1955') filed by the appellant-husband seeking dissolution of marriage on the ground of cruelty has been dismissed. 2. The respondent-wife, despite due service of notice, remained absent and was proceeded ex-parte before the family Court. In the present appeal also, the respondent has not appeared. Accordingly the matter is heard ex-

parte.

3. The facts of the case in short are that the marriage between appellant and respondent was solemnized on 23.04.2017 according to Hindu rites and rituals. After marriage respondent-wife came to her matrimonial house and lived there 24.04.2017 to 01.05.2017.

4. The counsel for the appellant-husband submits the appellant was subjected to cruelty after the marriage. The respondent-wife was abusive and quarrelsome lady. On 25.07.2017, when the respondent became ill at her matrimonial home, she was taken to the hospital and it was diagnosed that she was suffering from tuberculosis. This fact was not disclosed by the respondent before the marriage. Even, she refused to take the medication for tuberculosis. It is further submitted that after the marriage, the respondent was not willing to establish physical relations with him. Despite several attempts to communicate and understand the reasons for her reluctance, she consistently refused to engage in marital intimacy and used to threaten the appellant that she will lodge a criminal case against him. This situation caused emotional distress and created a strain on the marital relationship. The appellant asserts that the continued unwillingness to consummate the marriage has affected the stability and harmony of the marital bond.

5. Learned counsel for the appellant further contends that on 25.07.2017, the respondent left the house of the appellant and went with her father. It is submitted that his wife would frequently threaten to lodge criminal complaints against him without any justified cause. These repeated threats created an atmosphere of fear and mental pressure within the matrimonial home. For the purpose of protecting himself and his family from the continual threats made by his wife, the appellant submitted a written application before the Superintendent of Police, Hoshangabad on 17.06.2019 (Ex.P/1) and (ExP/2). A written complaint was also filed by the appellant before the DIG, Bhopal, Division Bhopal on 12.03.2020 (Ex.P.4). Left with no option, the appellant was compelled to file an application under 13 of the Act of 1955. The evidence of appellant (PW/1) was corroborated by Vishnu Vadekar-father of the appellant (PW/2) and Akhilesh Kumar Kashyap- friend of the appellant (PW/3). It is submitted that there is complete breakdown of marriage between the parties and there is no possibility of resumption of marital ties.

6. Upon consideration of the pleadings and evidence, the learned family Court found that although the relationship between the parties had deteriorated, the appellant failed to establish the statutory grounds of cruelty and desertion. Consequently, the application under Section 13 of the Act of

1955 filed by the appellant was dismissed.

7. The appellant respectfully submits that the trial court erred in not allowing the application filed under Section 13 of the Hindu Marriage Act. The court failed to properly appreciate the facts and circumstances of the case, as well as the e