SEEMA PANDEY Vs. VIJAY PANDEY

JUDGEMENT

(1.) THIS appeal has been filed under Section 19(1) of the Family Courts Act, 1984 against the judgment and decree dated 30th November, 2007 passed by the Family Court, Korba (CG) in Civil Suit No. 52-A/07 whereby the application of the respondent/husband under Sections 13(1 )(ia) and 13(1)(iii) of the Hindu Marriage Act, 1955 for dissolution of marriage by a decree of divorce has been allowed.

(2.) FACTS not in dispute are that marriage between the parties was solemnized on 3.7.2002 at Bilaspur as per Hindu customs and ceremonies. That prior to filing of this application, the respondent/husband had earlier filed an application under Sections 13(1)(ia) and 13(1)(iii) of the Hindu Marriage Act, 1955 for dissolution of marriage by a decree of divorce on 24.2.2005, which was registered as Civil Suit No.29A/05 and in which, a decree for judicial separation under Section 10 of the Hindu Marriage Act, 1955 was passed on 7.4.2006.

(3.) FURTHER , the respondent/husband has averred that the appellant used to remain normal till she used to take medicines of Dr. Shukla, however, as soon as she stopped taking medicines, her conduct towards the respondent used to become unusual and cruel. When the appellant was pregnant, she was taken to Balco by her parents for delivery and on 27.8.2003, she delivered a male child. After one month of the delivery, when the respondent took the appellant back to her matrimonial home, she refused to live in the joint family with her in-laws, whereupon the respondent made arrangement for her living separately. On 19.10.2003 at about 7.30 pm when the respondent returned from his shop, he found that the appellant was not at home, the door was open and she had gone somewhere alongwith her child. On enquiry, he came to know that she had proceeded towards Bhatapara. Thereafter, he after informing about the same to the relatives of the appellant went to Bhatapara in search of the appellant. However, when she could not be traced, he lodged a missing report at Police Outpost-Maro (Nandghat) on 20.10.2003. But after lodging report, he continued to search her and on the same date (20.10.2003) at late night, he found his wife (appellant) in a slum area of Bhatapara in the house of one rickshawala. When the respondent asked the appellant to come back, she refused to accompany him. Thereupon, the respondent informed about the same,to the grand-parents of the appellant, on her child back to Bilaspur, from where the appellant went to her parents' house at Balco. The respondent tried to keep the appellant and his child with him, but she refused to live with him. The grandï¿ 1/2father of the appellant had told the respondent that the appellant is being treated by Dr. Das, Psychiatrist, at Apollo Hospital, Bilaspur.