SHILPI JAISWAL Vs. ALOK JAISWAL

JUDGEMENT

(1.) By this appeal, the appellant challenges the legality and propriety of the ' judgment and decree dated 23-1-2008 passed by the Judge, Family Court, Korba in Civil Suit No. 61-A/2007, whereby the learned Judge Family Court refusing the application under Section 13 of the Hindu Marriage Act, 1955 (for short, "the Act, 1955") for dissolution of marriage, granted a decree of judicial separation under Section 10 of the Act in favour of the respondent/husband. The decree is impugned on the ground that without any proof of cruelty the Court below has passed the decree and thereby committed illegality.

(2.) Admittedly, the parties are legally wedded spouses and their marriage was solemnized at Korba, according to Hindu rites and customs on 3-7-2003 and after marriage they resided together for some time peacefully. The respondent/husband filed an application under Section 13 of the Act, 1955 against his wife for a decree of dissolution of marriage on the ground of adultery, desertion and cruelty. As per pleadings of the respondent/husband, it was alleged that after some time of the marriage, the appellant/wife used to receive telephone calls from her paramours namely Anirudh Sarkar and Kishore Upadhyay which were also heard by the respondent/husband through a parallel telephone connection. The respondent/husband objected the relationship of the appellant/wife on which she assured him that she would not continue the relation with them but after some time she again started to talk with them by telephone. The appellant/wife used to visit her parental house frequently and was not ready to live with the respondent/husband. On 26-9-2005 the appellant/wife left to her parental house which is situated at Ambikapur and was not willing to come to her matrimonial house at Korba. In the month of February, 2006 the respondent/husband was informed telephonically by sister-in-law of the appellant/wife that appellant/wife was enjoying with her paramours at Ambikapur. On this, the respondent/husband brought the appellant/wife to Korba on 8-2-2006 after persuasion but the appellant/wife continued her relations with her paramours and on objection of the respondent/husband, she threatened to implicate him and the entire family in a false case of demand of dowry. She further threatened to kill him and his family members with the help of her friends and brother namely Indrajit, who has already undergone in a murder case.

(3.) It is further alleged that on 27-8-2006 at about 5.30 a.m., she left the matrimonial house on the pretext that she was going to the house of her neighbour Shailendra Lala to perform some Pooja on the occasion of "Teeja Vrat". She did not return till 8.30 a.m. and then he searched the house of Shailendra Lala for her whereabouts but she was not found there. Thereafter, in search of the bed room, one letter written by the appellant/wife was found in which she made some vague allegations against the respondent/husband and in-laws. In that letter she also mentioned that she was not willing to live with the respondent/husband and therefore, she left the matrimonial house voluntarily. It was also found that she had taken away one suit case, one ladies purse, costly sarees, 16-17 Tolas of gold jewelleries and cash amount with her. After recovery of the letter, the incident was informed to the father of the appellant/wife and her relatives. She was searched in four corners by the respondent/husband and his father along with Doctor Pramod Thawait and P.S. Kokhar. Thereafter, a report regarding missing person was lodged in Police Station, Korba and several efforts were made to find out the whereabouts of appellant/wife by way of paper publication and telecasting news in radio and televisions. On 17-12-2006 the respondent/husband was informed by one woman namely Nisha from Jagdalpur that she had seen the appellant/wife with one boy who had come to her STD/PCO. On the same date, the respondent/husband received a telephone call from the appellant/wife who threatened him to implicate his entire family in a false case of torture for demand of dowry as he had caused her disturbance by publishing the news in newspapers about her missing, though she had left her matrimonial house voluntarily.