C A V Judgment

Per Radhakishan Agrawa l J.

1) The present appeal is against the judgment and decree dated

08/01/2016 passed by the Judge, Family Court, Bilaspur (C.G.) in Civil Suit No. 73-A/2012; whereby application under Section 13 of the Hindu Marriage Act, 1955 (for short 'Act of 1955') preferred by husband for divorce on the ground of cruelty and desertion was dismissed. Therefore, the instant appeal by the husband.

2) Previously, the Family Court, Bilaspur (C.G.) passed a judgment and decree dated 20/06/2013 in Civil Suit No. 73-A/2012 whereby the suit for dissolution of marriage by a decree of divorce on the application 13(1) of the Act, 1955 filed by the husband was dismissed holding that the husband failed to prove cruelty and desertion against his wife. The said judgment and decree dated 20/06/2013 was challenged in appeal before this Court i.e. First Appeal (M) No. 57/2013 and vide order dated 19/02/2014 this Court allowed the said appeal, set aside the judgment and decree dated 20/06/2013 and remitted the matter back to the Trial Court for deciding the same afresh after affording opportunities to the parties to amend their pleadings relating to adultery and lead evidence in accordance with the law.

3) Case of the appellant/husband, in brief, is that his marriage was solemnized with the respondent on 01/05/2006 as per Hindu customs and rituals in Bilha and through their wedlock, a daughter Kumari Mannat was born on 23/04/2009m who is presently residing in Bemetara with the respondent. After marriage when the wife joined the company of the husband, he noticed that her conduct was not normal, she used to remain awake till late nights, make quarrels with him on every trivial issue and as it was a joint family and his younger brother was mentally retarded, she used to pressurize him for living separately. When the appellant/husband did not succumb to her demands, she threatened that she would go to her parental home and would not return. Even after birth of a girl on 23/04/2009, there was no change in her conduct, she used to raise disputes on petty matters and threatened to commit suicide by consuming sleeping pills or by hanging and would falsely implicate him and his family members.

4) It is further contended by the appellant that on 02/06/2009 when the respondent/wife quarreled with him and threatened to leave her matrimonial home, he called her father but her father came in a drunken condition and instead of persuading the respondent/wife, he took her with him to his house. While leaving, the respondent took his daughter and all her ornaments with her saying that she would not come back. Even in October 2009 when the appellant went to meet the respondent and his daughter, she refused to meet him and also did not allow him to meet his daughter. Being fed up with this persistent ill treatment and threatenings by the respondent, on 19/11/2010 and 17/02/2011 the appellant lodged report at Police Station Bilha. The respondent/wife is living with her parents since 02/06/2009 without any just and reasonable cause. It is categorically denied that the appellant has any illicit relation with Rakhi Wadhwa and that he wants to marry her. He has no such relation with any other woman. The respondent/wife makes false allegations of adultery against him, which tarnished his reputation and amounts to cruelty against him.

5) In reply, the respondent wife denied all the adverse averments and contended that no cruelty was meted out to the appellant by her as alleged and she never threatened him of committing society. In fact she was willing to live with him and his family members peacefully but he was not interested to live with her and therefore made false allegations against her. On 02/06/2009, the appellant beat her and ousted her from the matrimonial home. Thereafter, she called her father who was pressurized by the appellant and his family members for taking her back. It is stated that as the appellant wants to marry some other woman,