Judgement

Per Goutam Bhaduri, J.

20/09/2022 Heard.

1. Instant appeal is against the judgment dated 30th September, 2021 passed by the Family Camp Court, Katghora, District Korba in Civil Suit No.63-A/2021 whereby the application filed by the husband under Section 13 (i-b) of the Hindu Marriage Act, 1955 on the ground of cruelty has been allowed. The instant appeal is by the wife against such judgement and decree.

2. The brief facts as pleaded by the husband Arun Kumar, the respondent herein is that the parties were married on 14/05/1987 at Chirmiri. After the marriage, the wife joined the company of husband. Subsequently, they started living at SECL Korba Colony at Gevra. Out of such wedlock, son and daughter were born namely Sonam and Krishna Das and they are presently residing with the appellant mother. The husband contended that maintenance amount was being paid. It is pleaded during their time together despite all comfort provided by the husband, the wife developed a relation with one Santosh Tiwari and illicit relation were developed. The husband tried to make her understand but she did not improve her conduct, eventually an application was filed in the year 2008 under Section 13 of the Hindu Marriage Act for divorce. The said application was dismissed. Thereafter, the wife lodged a complaint under Section 498-A of IPC and on such complaint a charge sheet was also filed but eventually the husband was acquitted by the Judicial Magistrate First Class, Katghora in respect of the charges clamped.

3. The husband further contended that the wife did not improve her conduct and continued to misbehave with him and an application was filed for maintenance under the provisions of Cr.P.C. Lastly on 15/11/2000 the wife left the husband without any lawful cause, therefore she had deserted the husband. The husband further contended that he is suffering with high BP and sugar but knowing full well those physical condition, the wife did not improve her conduct which too amount to cruelty. Consequently, an application for divorce was filed before the Family Court, Korba and sought for divorce.

4. Perusal of the record of family court would show that the notices were issued to the wife and eventually the publication was made at News paper notifying the date of hearing on 22/09/2021, but the wife did not appear and as such she was proceeded ex-parte and ex-parte decree was passed. Challenging the said judgement and decree, the instant appeal is by the wife.

5. Learned counsel for the appellant would submit that because of the fact that she was subjected to torture and allegations were made questioning her fidelity, she was subjected to torture. It is further contented that the husband kept another lady and out of such relation, a child was born who is 10 years of age as on date, which would go to show that before the decree of divorce, the husband was in relation with third lady out side the marriage and that was the cause on false pretext divorce was sought for. He would submit that the statement of the witness further would go to show that no evidence was before the family court to grant a decree of divorce and the family court completely misdirected itself whereby the application filed by the husband was allowed granting divorce.

6. Per contra, learned counsel for the respondent would submit that the allegations which were levelled by the husband against the wife were proved. He would submit that despite notice of the petition before the family court, she deliberately choose not to appear. He would further submit that the publication notice was also made at last and there is no reason as to why the statement of the husband cannot be believed. Learned counsel further submits that false report was made under Section 498-A of IPC which eventually resulted into acquittal which would show the cruelty on the part of the wife. It is further contended that the wife left the husband without any lawful cause and never made any attempt to resume the marria