HEMLATA SONWANI Vs. K R SONWANI

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and decree dated 28-4-2008 passed by 1st Additional Principal Judge, Family Court, Raipur, in Civil Suit No. 166-A/2007, whereby learned Judge Family Court has allowed the suit for dissolution of marriage by a decree of divorce filed on behalf of the respondent. 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.) Brief facts necessary for disposal of this appeal are that as per pleadings of the parties, the parties are legally wedded spouses and their marriage was solemnized according to Hindu rights and customs on 1 -5-1985. As per pleadings of the respondent, the respondent is a senior Doctor in District Hospital Raipur and after marriage they resided together at Simga till 1994. Just after 2-3 months of the marriage, the behaviour of the appellant became abnormal. She is a woman of arbitrary nature. She was reckless for her family. She used to quarrel with the respondent for the last 20 years and used to address his mother-in-law and father-in-law as "Budhe - Budhiya". She used to condemn them. Three children were born out of their wedlock. In the month of May, 1998 as the sister of respondent namely Dayavati was ill, the respondent called her sister and treated her in his house. The respondent treated his sister by administrating saline. The appellant removed saline from the body of his sister and ousted her from her house. The present appellant/defendant has left the house of the respondent in 1999 and since then the respondent is residing separately. Even after the death of father of the respondent, the present appellant has condemned her father-in-law and his family members. She has also filed the petition under Section 125 of the Cr.PC. She has broken her bangles and wiped off the vermilion from her forehead. Respondent has also pleaded that firstly he was married to one Parvati and after customary divorce prevailing in his caste, he got second marriage with the present appellant. On the aforesaid ground the petition for dissolution of marriage by a decree of divorce has been filed by the respondent.

(3.) On the other hand, present appellant/defendant denied the allegation made in the petition and has specifically pleaded that she has never tortured or committed cruelty upon the respondent. She has neither insulted her in-laws and the respondent nor deserted the respondent. The respondent himself gave torture and committed cruelty upon the appellant. The respondent suspected the appellant and he himself ousted the appellant from his house. The respondent himself has admitted before the appellant that he was having illicit relation with one girl namely Hastrekha and he wanted to marry that girl. She also alleged that the respondent assaulted her and forcibly took her signatures on five blank stamp papers.