GORELAL SWARNKAR Vs. MOHINI DEVI SWARNKAR

JUDGEMENT

(1.) This appeal arises out of judgment and decree dated 23.07.2015 passed by the Family Court, Korba, by which, husband's application for grant of decree of divorce on the ground of desertion as well as cruelty has been dismissed.

(2.) Present is a classic case of its own category where the appellanthusband, after having continued in marital relationship with the respondentwife for about 41 years, filed an application for grant of decree of divorce on the ground of desertion and cruelty. At the time of filing of the application before the trial Court, the appellant was aged about 63 years and respondent aged about 58 years. The parties were blessed with 5 sons and daughters, out of which, one died. Remaining sons and daughters all are married. The divorce suit came to be filed at this stage when even the sons and daughters were also married.

(3.) The appellant's prayer for grant of decree of divorce is based on the pleadings, inter alia, that right from the beginning, after marriage in the month of May, 1971, the respondent-wife was exhibiting quarrelsome and unusual behaviour and she was also making insulting comments against appellant's parents and brother and she was not respecting elders. It has also been pleaded that the respondent was insisting the appellant to reside separately, due to which, the appellant started maintaining distance from his parents and the brother few months after his marriage. It was also pleaded that even after the appellant started living separately from his parents, the conduct and behaviour of respondent did not change and she unnecessarily used to doubt his character and frequently quarrel with him. Even after marriage of children, the respondent-wife used to quarrel, hurl abuses, insult and commit cruelty making allegation of having illicit relation. According to the appellant, he suffered heart attack on 04.07.2010, which according to him, is because of the cruelty committed by wife and false allegation. The appellant came out with the pleadings that on 01.12.2011, the respondent made false allegation against the appellant and elder son Anup Swarnkar and got false case of cruelty related with dowry registered after 41 years of marriage. The respondent, it was pleaded, was insisting on execution of sale deeds and registration in respect of the property held by the appellant and despite offer made by the appellant to give statement in stamp paper, she was not agreeable. From 13.03.2012 onwards, the appellant had started living separately because of the threat of his life, due to the conduct of the respondent-wife. It was also pleaded that on 30.11.2011 on allegation that the appellant was removing photographs of the children, he was assaulted by his wife. According to the appellant, because of such stress caused to him by cruel behaviour of his wife and he being heart patient, his continuing with his wife may definitely result in his early death. On such pleadings, the appellant sought decree of divorce.