LAWS(CHH)-2022-11-142

MAHESH KUMAR PANDEY Vs. UMA PANDEY

Decided On November 10, 2022
MAHESH KUMAR PANDEY Appellant
V/S
Uma Pandey Respondents

JUDGEMENT

(1.) Heard.

(2.) The instant appeal is against the judgment and decree dtd. 5/12/2015 passed by the Family Court, Bilaspur in civil suit No.385-A/2013 wherein an application preferred by the appellant/husband seeking divorce on the ground of cruelty and desertion was dismissed by the learned Family Court. Therefore, the instant appeal is filed by the husband.

(3.) (i) As per allegation, the marriage between the parties was solemnized on 24/5/2001, at that time husband was working as a Shiksha Karmi at village Badra. It is stated that for sometime, wife joined him at the place of working at village Badra, but, subsequently, she refused to stay with him on the ground that she does not want to stay at rural place / village. Consequently, it is further stated that the wife used to abuse father and mother of the husband. Thereafter, it being so, husband and wife started living at Sargaon on a rented premises. During their stay, in the year 2003, son Utkarsh was born. Subsequently, it is stated that the transfer of the husband was made to village Baror. Again, she refused to stay at village Baror. Consequently, husband was forced to take rented premises at Marwahi which was 17 kms away from Baror, but, with the passage of time, she wanted to stay at city Bilaspur and insisted the husband/ appellant to stay at city. In such circumstances, on an application made by the husband, he was transferred to Khamaria within Block Masturi. At that time because of the insistence of the wife, he stayed at Bilaspur city at Rajkishore Nagar since 2007.