IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON’BLE SHRI JUSTICE VIVEK KUMAR SINGH &

HON’BLE SHRI JUSTICE AJAY KUMAR NIRANKARI ON THE 20^th OF JANUARY, 2026 FIRST APPEAL NO.256 of 2024 SANTOSH DWIVEDI Versus SMT. PRAMILA DWIVEDI -------------------------------------------------------------------------------------------------------------

Appearance :

Shri Siddharth Sharma - Advocate for the appellant.

Shri Ram Sharan Rathore - Advocate for the respondent.

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Reserved on : 08/01/2026 Pronounced on : 20/01/2026

J U D G M E N T

Per : Justice Vivek Kumar Singh This first appeal has been filed under Section 19 of the Family Courts Act, 1984 against the judgment and decree dated 23.12.2023 passed by learned Family Court, Rewa in RCSHM No.180/2019 dismissing the application filed by the appellant under Section 13 of the Hindu Marriage Act, 1955 (for brevity ‘HM Act, 1955’) seeking dissolution of marriage on the ground of cruelty and desertion.

2. The facts adumbrated in nutshell are as under :-

(i) On 26.06.1997, the marriage between the appellant and the respondent was solemnized according to the Hindu rites and customs, followed by Gouna which took place on 28.02.2002.

(ii) After the marriage, the respondent stayed in the matrimonial home for 15 days only before leaving for her parental house. In October, 2002, father of the appellant called the respondent again to reside at her matrimonial home. This time also she resides with the appellant only for two months and left thereafter. Upon her brief return in 2003, she exhibited indifference towards matrimonial obligations, constantly quarreled to live in a big city and displayed extreme insensitivity towards in-laws and showed complete ignorance towards her husband when he was hospitalized at Jabalpur Hospital in June, 2003 on account of a serious accident resulting into double fracture for which he underwent a surgery of his right arm. Thereafter, she stayed at her parental home for about 18 months, and when she eventually came back, she stayed briefly and did not discharge any of her matrimonial duties/obligations. When in 2006, appellant and his parents came to Jabalpur to bring her back, she refused to accompany them and her brother and his friends entered into an altercation and abused the appellant and his parents causing severe mental distress and loss of valuable jewellery worth 04 lakhs belonging to appellant’s mother. In July, 2007, the respondent came to stay with the appellant at his rented accommodation at Indira Nagar, Rewa but with no change in her behaviour and ultimately, in November, 2007, she left matrimonial home without any intimation taking jewellery and belongings with her. Subsequently, all the attempts made by appellant to reconcile were met with abuse and threat of filing false criminal cases against him and she also threatened to commit suicide.

(iii) Thereafter, again on 10.08.2011, the respondent left her matrimonial home without notice and appellant’s final attempt on 11.11.2012 to bring her back also failed as she categorically refused to live with him as his wife. Consequently, owing to the respondents continuous cruelty, denial of marital companionship, repeated abandonment, on 30.10.2013, the appellant filed the divorce petition under Section 13 of the H.M. Act,1955 on the ground of cruelty, in which vide judgment dated 26.08.2013, an ex-parte decree was passed in favour of the appellant after assessing all the relevant material facts. Then after a period of one and a half year, on 11.06.2015, the appellant got re-married to one Smt. Pooja Dwivedi according to hindu rites and customs and out of the said wedlock, the appellant was blessed with two kids, first child was born in 2016 and the second one in 2019.

(iv) The respondent preferred an application under Order 9 Rule 13 Civil Procedure Code, 1908 and vide judgment dated

09.05.2017, the ear