SANTOSH SINGH Vs. AMITA SINGH

JUDGEMENT

(1.) This appeal is against the judgment and decree dtd. 26/09/2015 passed by the Family Court, Raigarh, whereby the petition preferred by the appellant seeking divorce on the ground of desertion was dismissed.

(2.) The short facts, which is pleaded, before the court below, was that the appellant and respondent got married on 08/07/2010 and they lived together uptill 19/07/2010 for about 11 days. Subsequently, the respondent's family members came and took her away on the ground of some important work. Thereafter, she did not return. It is pleaded on behalf of the plaintiff/ appellant that the appellant tried to get her back on two occasions on 04/08/2010 and on 14/10/2010 but the same was not acceded to on the ground that auspicious time (subh-muharat) was not there. It is further alleged that thereafter the respondent/ wife did not volunteer to join her husband back at any point of time. Subsequently, the appellant/husband filed a suit for restitution of conjugal rights, which was decreed exparte. In reply to the petition, the wife contended that she was ready and willing to join the company of the husband but the husband did not turn back to get her back when auspicious time started, which is according to their custom was necessary one. Thereafter, the husband did not make any effort to get her back. It is further contended that though the notice to the application for restitution of conjugal rights was received by the respondent/wife but she could not appear before the Court, as she was stuck in discharge of the Govt. official duties. It is further contended on behalf of the wife that she had not deserted the appellant/husband but infact the appellant/ husband failed to take her back as per the prevailing custom of duviragaman. Therefore, no desertion on the part of the respondent was committed.

(3.) Both the parties have adduced their evidence to the limited extent, which is in support of desertion and contrary to it.