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AFR

HIGH COURT OF CHHATTISGARH, BILASPUR

FA(MAT) No. 8 of 2020

• Smt. Nalini Mishra W/o Surendra Patel Aged About 34 Years R/o House No. 50,

Side Of Asina Green City Apartment, Near Durga Temple, Clay Castle Colony,

Infront Of Kamal Vihar Gate, Old Dhamtari Road, Dunda, Raipur Chhattisgarh

---- Appellant

Versus

• Surendra Kumar Patel S/o Shri B. P. Patel Aged About 32 Years R/o Janpad

Panchayat Kurud, Sub Engineer, District Dhamtari Chhattisgarh

---- Respondent

For Appellant

:

Shri Shishir Shrivastava, Advocate

For Respondent

:

Shri C. Jayant K. Rao, Advocate

Hon'ble Shri Justice Goutam Bhaduri

Hon'ble Shri Justice

Radhakishan Agrawal

Judgment on Board

Per Goutam Bhaduri, J.

18/08/2022

Heard.

1. The instant appeal is against the judgment and decree dated 17.12.2019

passed in H.M.A. 677/2017 by the learned family Court, Raipur, whereby the

application filed by the husband seeking divorce on the ground of cruelty was

allowed. The present appeal is by the wife.

2. The brief facts of the case are that the husband leveled allegation that the

marriage in between the parties solemnized on 31.10.2010 and out of the said

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wedlock a child was born. Thereafter, with the passage of time, it is alleged

that the wife used to spent money as per her own choice and the visit of the

husband to his parents was objected & eventually stopped. It is stated

whenever he wanted to visit his parents, the wife used to abuse him resulting

into stoppage of meeting of the husband with his parents. It was further alleged

that without the consent and permission of the husband she went to a place

called Belpahad for her business at Mahanadi coalfield for the business of coal

shifting and when the husband tried to intervene, he was abused and insulted.

The respondent/husband further alleged that the wife used to take away the

entire salary of the husband and used to spent in her business and if a query

was made about the expenses, it was reciprocated with the abuses. It is

alleged that the wife procured 5 vehicles on loan without the consent of the

husband and she deliberately stopped to discharge her household

responsibilities including taking care of the child. It is stated that even the

husband was stopped to attend the marriage of his real brother and the

maternal sister of the husband when wanted to visit their place to appear in an

examination from outside, the wife alleged illicit relation of the girl with the

husband. It was further alleged that the husband is having an illicit relation with

an office colleague. In a result, the husband on different occasions made a

police report explaining the facts.

3. It is further alleged that at one occasion the wife had surreptitiously stolen away

the valuable papers which were kept in the car and the report having been

made about such theft, after CCTV footage when it was discovered that the wife

had done this, she was arrested in a criminal case. Referring to a particular

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date, it is stated by the husband that the wife used to abuse and bald

allegations were made against the husband and even at a point of time she

assaulted the younger sister of the respondent, therefore, on various grounds,

the husband sought decree of divorce.

4. The wife in turn in reply contended that she had never misbehaved with the

husband and has not committed any cruelty but it was at the behest of the

husband after an affair, they entered into a wedlock. She further stated that the

husband knowing fully well that she is a widow, the marriage was performed.

She further stated that because of the wish and will of the husband, she

underwent a surgery to conceive the child and thereafter child was born. It is

further stated that after birth of the child, the behaviour of the husband became

strange and for the some reason or the other he wanted to separate.

Therefore, on false allegations and grounds, the application for divorce was

filed.

5. Learned family Court framed