SANDEEP KUMAR MINJ Vs. JYOTI BARWA

JUDGEMENT

(1.) This appeal has been preferred under Section 19(1) of the Family Courts Act, 1984 being aggrieved by the appellant/husband against the impugned judgment and decree dated 30.08.2016 passed in Civil Suit No. 3A/2016 by the Family Court, Jashpur whereby the Family Court has rejected the application filed under Section 10 of the Indian Divorce Act for grant of decree of divorce.

(2.) The undisputed facts of the case are that marriage between the appellant and respondent was solemnized as per Christian Marriage Act 1872 on 25th May 2011 at Shanti Bhavan Church, Jashpur. It is also not disputed that after marriage the respondent/wife lived with the appellant/husband for about 4-5 months and thereafter, she left the matrimonial company of the appellant and since then staying in the house of her parents.

(3.) The case before the Family Court was that after marriage of the appellant and the respondent/wife, the respondent lived in her matrimonial house only for 4-5 months and thereafter, she left on her own will to reside at her parental house which is about 40 mtrs. away from the place of appellant, as she was not prepared to live jointly with the appellant and his parents in the matrimonial home. It is stated that efforts made by the father of the appellant for re-union went futile. A social meeting was convened on 23.03.2014 where the respondent was reluctant to get separated from the appellant. Therefore, looking to the reluctant behaviour of the respondent/wife, it was decided that the appellant shall return all the marriage gifts to her family for which a panchnama was also prepared(Annexure A-3). Since the respondent/wife is not willing to re-unite with the appellant, Inter Diocesan Marriage Tribunal (Church) declared a decree of nullity (annulment) and therefore, the appellant filed application under Section 10 of the Indian Divorce Act for grant of decree of divorce.