IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ANAND PATHAK &

HON'BLE SHRI JUSTICE ANIL VERMA

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ON THE 11 OF FEBRUARY, 2026 FIRST APPEAL No. 125 of 2014 AVNEENDRA SHARMA Versus SMT.ASHA SHARMA Appearance:

Shri Sankalp Sharma, Advocate for appellant.

Shri Madhur Bhargav, Advocate for respondent.

ORDER Per: Justice Anil Verma Appellant/husband has preferred this first appeal under Section 28 of the Hindu Marriage Act, 1955 (in short ' HMA') being aggrieved by the impugned judgment and decree dated 02.04.2014 passed in HMA Case No.185A/2011 by Additional Principal Judge, Family Court, Gwalior, whereby petition filed by appellant/petitioner under Section 13(1)(i-a) for seeking decree of divorce on the ground of cruelty has been dismissed. 2. It is not disputed that marriage between both the parties solemnized on 20.02.2008 as per hindu rituals and rights and due to their wedlock, respondent has given birth to a daughter, namely, bhoomi on 20.02.2009.

3. Brief facts of the case of the appellant/petitioner are that after solemnizing the marriage, respondent/wife started quarreling with appellant and her in-laws and pressurizing the appellant for living separately.

Thereafter, he started living separately with respondent in a rented house. Respondent committed cruelty with mother of the appellant, due to which, she sustained fracture on her hand on 20.07.2009 and on 13.08.2009, she thrown hot curry, which was being cooked on the stove, at her mother-in- law, burning her feet. Parents of appellant made several complaints before Police and other Authorities. Then, respondent quarreled with them and left her matrimonial house alongwith all clothes and ornaments and went to her parental house. Appellant/petitioner has filed petition under Section 9 of the HMA before competent Court and an ex-parte decree was passed, allowing his petition, but despite direction issued by Court, respondent was not ready to live with appellant. Respondent lodged an FIR bearing Crime No.62/2011 at Police Station Morar for the offence under Section 498-A of IPC against appellant and his family members, in which they have been acquitted vide judgment dated 16.08.2021 passed by JMFC, but appellant has been terminated from his service on the basis of false complaint made by respondent. Respondent has abandoned him and behaved cruelly due to which it is not possible for him to live with her and he had left with no other option but to get her divorced. Appellant/petitioner filed a divorce petition before trial Court.

4. Respondent/wife denied all the allegations in her written statement filed before trial Court by stating that she was subjected to cruelty by appellant and her in-laws for non fulfillment of their demand for dowry. Appellant and his family members used to commit marpeet with her and harass her in inhuman manner and when she was carrying seven months pregnancy, she was thrown from her matrimonial house by parents of appellant. She lodged an FIR against appellant and her in-laws. Appellant intended to solemnize second marriage. Respondent is ready to live with her husband, therefore, petition deserves to be dismissed.

5. Learned trial Court after framing certain issues and recording evidence of both the parties and appreciating evidence available on record, dismissed the petition filed by appellant/petitioner on the ground that appellant has failed to prove that respondent has committed mental and physical cruelty with appellant and voluntarily and willfully deserted him without any sufficient reason. Being aggrieved by the aforesaid, appellant has preferred this appeal.

6. Learned counsel for appellant contended that impugned judgment and decree passed by learned trial Court is contrary to law and facts available on record and trial Court without appreciating the evidence available on record dismissed his petition on untenable and frivolous grounds. He further submits that respondent was neglecting him and she was never willing to