SARASWATI BANJARE Vs. DILIP BANJARE

JUDGEMENT

(1.) This appeal is directed against impugned judgment and decree dated 08.08.2014 passed by Family Court, Kawardha, District Kabirdham (CG), by which learned Family Court has dismissed appellant's application for grant of decree of divorce.

(2.) An application under Section 13 of the Hindu Marriage Act was filed by the appellant against respondent/husband before the Family Court Kabirdham praying for decree of divorce on the pleadings inter alia that appellant was married to respondent on 1st of July, 2002 according to Hindu rites and customs. It was further pleaded that on 23.11.2011, respondent/husband was taken into custody by the Police on the allegation of commission of murder of one Bhavini Sahu and offence has been registered under Section 302 IPC and trial is pending. It was further pleaded that after institution of criminal case appellant came to know that the respondent had been maintaining illicit relation with the deceased Bhavini Sahu and from their illicit relation a girl child was born who is now 11 years of age. It was further pleaded that later on the appellant came to know that against respondent number of criminal cases have been registered and pending before the Court in which he is an accused. The appellant pleaded that after having come to know that her husband has been arrested and is facing criminal case, the appellant is suffering from serious mental agony and is adversely affecting her reputation in public office. Respondent, it was pleaded, is a person of criminal antecedents whereas appellant is government servant and is occupying a high post in public service and because of the criminal activities of the respondent, the appellant is suffering mental agony and this has adversely affected her reputation in the society. Attempts have been made to implead her also in those criminal cases and she may face adverse proceedings in her employment and this may further adversely affect her minor daughter. It is also pleaded that the criminal activities of the respondent has also caused apprehension of life and limb of the appellant. The appellant further pleaded that, later on, appellant came to know that the respondent/husband, has been taking recourse to extra legal methods to collect money in her name which has caused serious mental tension and she is not keeping well. On such pleadings of cruelty and respondent maintaining illicit relation, prayer for grant of decree of divorce was made.

(3.) The respondent denied the allegations made in the application. Respondent denied that he had any illicit relation with Bhavini Sahu and also denied that he committed any offence. All the allegations were denied.