ASHOK KUMAR DESHMUKH Vs. GAYATRI

JUDGEMENT

(1.) This appeal has been filed by the appellant/plaintiff under Section 19(1) of the Family Courts Act, 1984 against the judgment and decree dated 5-12-2009 passed by Second Additional Principal Judge, Family Court, Durg, in Civil Suit No. 100-A/07, whereby the application of the appellant/plaintiff under Section 13 of the Hindu Marriage Act, 1955 for dissolution of marriage by a decree of divorce on the ground of cruelty and desertion, has been rejected.

(2.) The facts not in dispute are that marriage between the parties was solemnized on 22nd June, 2003 as per Hindu rites and ceremonies at Village - Achhoti, Distt. Durg and since 11-7-2003, the respondent/defendant is residing at her maternal home. However, rest of the facts are disputed.

(3.) Case of the appellant/plaintiff, in brief, is that marriage between the parties was solemnized on 22-6-2003 at Village-Achhoti, Distt. Durg as per Hindu rites and ceremonies and after marriage, the respondent/defendant came to her matrimonial home at Village-Tirga, where she resided with the appellant/plaintiff only for 18 days. During the said period of 18 days, whenever the appellant desired to have sexual intercourse with the respondent, she, on one ground or the other, refused to establish physical relations with him. On being informed that the respondent is not well, she was taken to a gyneacologist Dr. (Mrs.) Gurubaxani at Durg and on way to her clinic, the respondent disclosed to the appellant that she was not willing to marry him and her marriage was performed by her parents under pressure as she was having love affair with one Budheshwar alias Pappu. The appellant/plaintiff was shocked to hear all this and in the hope that she will recover and will forget her previous affair, that she was dropped at her maternal home. When after two days, the appellant tried to bring her back, she bluntly refused saying that she cannot live with the appellant and as she is having love affair with Budheshwar alias Pappu, therefore, she cannot give physical pleasure to him as his wife. After this, as the appellant was at that time posted as an engineer in the Hydro Electric Department in Himachal Pradesh and his leave was about to exhaust, that he proceeded to his place of posting. The appellant through his maternal uncle Teman Singh Belchandan had got the date 30-11-2003 fixed for Bidai (departure of the bride from maternal home) of the respondent. The appellant had come for this purpose on 24th November, 2003 from Himachal Pradesh to his Village-Tirga and two days before the said date i.e. 28-11-2003, he came to know that the respondent with intent to commit suicide had consumed pesticide along with her lover Budheshwar alias Pappu. Both of them were immediately shifted, first to District Hospital, Durg and thereafter, looking to the critical condition of the respondent, she was shifted to Sector-9 Hospital, Bhilai, where she remained admitted for about 15-20 days. However, Budheshwar alias Pappu expired at District Hospital, Durg. In this regard, news was published in the daily local newspaper, on account of which the appellant had to face humiliation and was defamed in the society. Thereafter, the appellant moved an application for getting the marriage dissolved before the Circle Committee of their Kumari community, which dissolved their marriage. Against the decision of the Circle Committee, an appeal was filed by the respondent before the" Judicial Committee and thereafter to the Central Executive of their community and decision of the Circle Committee regarding dissolution of marriage was upheld. As such, marriage between the parties was dissolved on 7-1-2007. With the aforesaid averments, the appellant/plaintiff filed an application under Section 13 of the Hindu Marriage Act, 1955 for dissolution of marriage by a decree of divorce on the ground of cruelty and desertion before the learned Family Court.