SUDHANSHU BHUSHAN SINGH Vs. SUNITA SINGH

JUDGEMENT

(1.) The appellant-husband in this appeal has assailed the judgment and decree dtd. 11/10/2019 passed by the Family Court, Korba, Distt. Korba (CG) in Civil Suit No. 130-A/2018, whereby learned Family Court has dismissed the petition filed by the appellant-husband (for convenience, in short 'husband') against the respondent-wife (for convenience, in short 'wife') under Sec. 13(1) and (i-a) of the Hindu Marriage Act, 1955 (in short, hereinafter referred to as 'the Act') for grant of decree of divorce and in alternate, for relief under Sec. 10 of the Act for judicial separation.

(2.) Facts of the case, in brief, are that parties to the suit were married on 1/3/2006 as per Hindu rites and rituals and a son namely Aaryaman Singh was born from the wedlock, who is residing with the wife. They are residing at Korba. The husband is doing business at Korba. He has purchased two houses in the name of the wife, out of which, she is residing in one house and she has given the other house on rent and also getting rent from the same, which shows love and affection of husband towards wife. It is pleaded that after some time of marriage, the wife started harassing the husband on various ways. To intimidate him, in the month of June, 2008, she threatened him to send him to jail along with his family members by consuming Celphos and showing packet of Celphos, she closed herself in a room. In the year 2012, she left the house leaving behind him and their infant child. She always used to humiliate him by showing the status of her brothers who reside in foreign countries. It is further pleaded that in the year 2011, 2014 and 2017, when they had gone to Goa, Thailand, Ranchi and Delhi- Meerut trip and in a family function respectively, then the wife unnecessarily quarreled with him in front of his friends and family members. On various occasions, wife threatened him to kill herself. It is also pleaded that the wife is very arrogant and stubborn type lady, as she earns money by doing job of teacher. She also doubts upon him having relation with other woman. Due to such attitude and behaviour of wife, the husband always lives in fear that she could take some serious unwanted steps and implicate the husband and thus, since long he is facing huge mental torture. And therefore, living together has become impossible for him. Hence, the husband has filed aforesaid petition with the prayer to grant relief, as has been stated in para 1 of this judgment.

(3.) The wife has filed detailed reply wherein she has explained the allegations leveled upon her by the husband. She has pleaded that neither she has insulted nor humiliated the husband nor her family members, nor she has threated them in any way. She has stated that the husband is an addict of consuming liquor and after consuming liquor, he used to quarrel with her. She has clarified that when they were going to Goa, the husband and his friends were insisting to drink liquor in train, which was opposed by her, therefore, the husband quarreled with her. When they had gone to Thailand trip, the husband and his friends were misbehaving the dancing girls in intoxicated condition, therefore, the wife angered upon the husband and some quarrel had taken place between them. In family trip of Delhi - Meerut, the husband and his male friends were in one vehicle and they had kept huge quantity of liquor in their vehicle, which was opposed by the wife. Thus, whatever unwanted and objectionable attitude of the husband has been opposed by the respondent being his wife, has been narrated by the husband in exaggerated manner. She has further pleaded that she loves her husband a lot and wants to live with him, but he himself is ruining their marital life at the behest of his female friend, with whom he always keeps contact by exchanging messages. There is no any lawful ground for granting divorce or other relief in favour of the husband. Hence, the petition filed by the husband is liable to be rejected.