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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

F.A. (M) No. 41 of 2017

Judgment Reserved on : 23.11.2022

Judgment Delivered on : 15.12.2022

Sanjay son of Ran Sai, Caste Harijan, aged about 33 years, R/o.

Village Cherhapara, Charcha, P.S. Charcha, District Koria (C.G.)

---Appellant

Versus

Smt. Sukvariya, wife of Sanjay, D/o. Patinarayan, aged about 25

years, Caste Harijan, R/o. Village Dodhibahara, P.S. and Tahsil

Baikunthpur, District Koria (C.G.)

---- Respondent

For Appellant

: Mr. Syed Majid Ali, Advocate.

For Respondent : Mr. Vaibhav A. Goverdhan, Advocate.

Hon'ble Shri Justice Goutam Bhaduri

Hon'ble Shri Justice N.K. Chandravanshi

CAV JUDGMENT

Per N.K. Chandravanshi, J.

1.

Present appeal has been preferred by the

appellant/husband against the judgment & decree dated

27.01.2017 passed by Family Court, Baikunthpur, District Koria in

Civil Suit No. 40-A/15 (CIS No. 55/16), wherein application under

Sections 13 (1)(ia) & (ib) of the Hindu Marriage Act, 1955

(henceforth “Act, 1955”) preferred by appellant/husband seeking

decree of divorce on the ground of cruelty and desertion was

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dismissed by learned Family Court.

2.

Essential facts leading to filing of this appeal, as projected by

the appellant/husband, are that his marriage was solemnized with

respondent/wife in the month of May, 2009 as per Hindu rituals and

customs, thereafter, they were living together, but wife used to live

with him only for some time, after which she again and again go to

her parental home by making false excuse of illness and sometimes

by making quarrel. Her parents, instead of suggesting her not to do

so, instigated her to continue with her such conduct. When the

husband went to bring her back, she and her family members

abused & insulted him and did not send her with him. Even when

she delivered their child at her parental home, the same was not

informed to the husband and his family members. It is further alleged

that respondent/wife has totally broken up their marital relation and

thus causing physical and mental cruelty with the husband. The wife

has deserted him five years prior to filing of such application. Thus,

his marital life has completely broken down. Hence, the

appellant/husband has sought decree of divorce in his favour on the

ground of cruelty and desertion by wife

3.

Respondent/wife denied all the allegations levelled against her

stating that, after their marriage one year went well between them,

thereafter, when she got pregnant, then husband starting harrassing

her by saying that the child to be born is not his child, hence, he

insisted her to abort the child, otherwise, he will not keep her with

him and would get second marriage. Husband assaulted her and

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threatened her regularly and ultimately ousted her from matrimonial

home, thereafter, she is residing along with her parents. It is further

alleged that since after marriage, the husband has got job in the

Health Department to the post of Malaria Link Worker and getting

salary of Rs.18,000/- per month, thereafter, his behaviour towards

wife and child has become cruel / harder and he never take care of

them, therefore, in a maintenance proceeding initiated by her,

maintenance of Rs. 1,700/- per month was ordered to be paid to

the wife. When they used to come to attend the court in

maintenance proceedings, then the husband never talked with wife

and their son. Thus, she has neither misbehaved with husband or

his family members nor deserted him on her own will, rather she is

ready to live with the husband, but he has never taken any interest

in this regard.

4.

Learned Family Court, on the basis of pleadings of the parties,

framed issues relating to cruelty and desertion and after considering

the evidence adduced by the parties, recorded negative finding in

respect of those issues. Therefore, being aggrieved and dissatisfied

wit