VERSHA RANI NAG Vs. HEROLD VINAY NADAN

JUDGEMENT

(1.) This appeal has been filed under Section 19 (1) of the Family Courts Act, 1984 against the judgment and decree dated 8th April, 2010 passed by 1st Additional Principal Judge, Family Court, Raipur in Civil Suit No. 189-A/07, whereby and whereunder the application for divorce filed by the respondent/husband under Section 10 of the Indian Divorce Act, 1869, has been allowed and a decree for dissolution of marriage solemnized between the appellant and the respondent on 6-6.-2003, has been passed. The facts, which are not in dispute, are that marriage between the parties was solemnized on 6-6-2003 at CNI Church, Takhatpur, Distt. Bilaspur, in accordance with Christian rites and customs. Since prior to solemnization of marriage, the appellant/wife is in Government service on the post of Project Officer in the Department of Woman and Child Development, Govt. of Chhattisgarh, Raipur.

(2.) The facts, in brief, as unfolded in the divorce petition, are that marriage between the parties was solemnised as per Christian rites and customs on 6-6-2003 at CNI Church, Takhatpur, Distt. Bilaspur. After Bidai, the appellant/wife resided at her matrimonial home at Jagdalpur from 7-6-2003 till 11-6-2003 and thereafter, on 12-6-2003 the newly married couple proceeded to Kullu-Manali and other places for honeymoon, from where they returned back go Jagdalpur on or about 22nd June, 2003. After that, the appellant/wife resided till 27-6-2003 at her matrimonial home at Jagdalpur and thereafter, on 28-6-2003 she proceeded alongwith the respondent/husband to Raipur for joining her duties. The respondent/husband, after making arrangement for his wife's (appellant) residence, returned back to Jagdalpur. The respondent/husband asked the appellant/wife to come to attend Rafi Night Function, which was organised on 31st July, 2003 at Jagdalpur in the memory of respondent's father, on which the appellant/wife visited Jagdalpur and after attending the said function, stayed there for about 3-4 days and then again returned back to Raipur for discharging her duties.

(3.) As per averments made in the divorce petition filed by the respondent/ husband, from day one, the attitude of the appellant/wife was indifferent and harsh towards the respondent/husband and his family members and she always used to dominate them on account of her post, which she was and is holding. Before marriage, as per respondent/husband, it was agreed upon between the parties that after marriage, the appellant/wife will get herself transferred to Jagdalpur and in case, she is unsuccessful in doing so, then she will resign from the Government service and lead a married life with the respondent/husband at Jagdalpur. However, after marriage, the appellant/wife never tried for her transfer to Jagdalpur and when respondent/husband tried to make efforts for getting her (appellant) transferred to Jagdalpur,' that she bluntly refused and asked her husband (respondent) not to make any efforts for her transfer to Jagdalpur. Further, after attending Rafi Night Function, which was organized on 31st July, 2003, that the appellant/wife had never tried to live with him. He had made all possible efforts to persuade her (appellant) to come and lead a married life with him at Jagdalpur, but had failed on account of her adamant attitude. As such, the appellant/wife had deprived him of her company and had deserted him. The mother of the respondent/husband also tried her level best by writing letters and requesting her daughter-in-law (appellant) to patch up their (appellant & respondent's) differences, if any, and to start a married life with the respondent/husband at Jagdalpur, but had failed.