SANJAY KUMAR SONI Vs. GEETANJALI CHOUHAN

JUDGEMENT

(1.) The present appeal is against the judgment and decree dtd. 15/12/2021 passed by the Judge, Family Court, Raigarh (C.G.) in Civil Suit No. F-24A of 2018 whereby the petition filed by the husband seeking decree of divorce was dismissed.

(2.) Briefly stated facts of the case are that parties got married on 15/4/2009. After the marriage, wife joined the company of husband and allegation of cruelty was clamped on the wife, whereas wife has made counter-allegation of cruelty on the husband. Therefore, they could not go along and eventually, husband filed a petition for divorce before the Family Court in the year 2018. In the meanwhile, wife instituted proceeding under Domestic Violence Act, 2005 being Miscellaneous Judicial Case No. 18 of 2018, which is pending before the Judicial Magistrate First Class, Kharsiya as well as case for maintenance bearing No. F-54 of 2018, which is pending before the Family Court, Raigarh.

(3.) Learned counsel for both the parties would submit that a baby girl was born on 6/7/2015 and after the differences occurred in between the parties, and they are living separately since 2018 and there is no chance for reunion between the parties. It is stated that all the efforts of mutual settlement between them have failed and there is a irretrievable breakdown of the marriage.