PRIYANK SHUKLA Vs. SMT. YUGAL KISHORI SHUKLA

JUDGEMENT

(1.) The instant appeal has been filed by the husband against the order dtd. 28/7/2017 passed by First Additional Principal Judge, Family Court, Raipur (C.G.) in H.M.A. No. 478/2015, whereby the application preferred by the appellant-husband under Sec. 13(1)(b) of the Hindu Marriage Act, 1955 was dismissed.

(2.) Before the Family Court, appellant-husband filed the application under Sec. 13(1)(b) of the Hindu Marriage Act, 1955 on the ground of desertion. Brief facts of the case are that, marriage between the parties was solemnized on 21/2/2011 according to Hindu rituals and out of their wedlock, a girl child was born namely Aashi. It is alleged that after marriage, the wife often used to go to her parental home without consent of the husband. First time she went to her parental home - Raipur on 18/3/2011 before Holi Festival and came back on 21/3/2011. It is further alleged that when she came to know that parents of the applicant are going to Amarnath Yatra, despite refusing many times, she went to Amarnath Yatra and when she came bank, she again went to Raipur and stayed about 45 days. After few days, husband went to Raipur to bring the wife back and she came with the appellant but again after few days she went to Raipur. Thereafter, husband made many efforts to bring her back but eventually, all failed. Ultimately, appellant/husband filed application under Sec. 9 of Hindu Marriage Act, 1955 for restitution of conjugal rights. After serving notice respondent-wife appeared before the trial Court and agreed to live with appellant-husband, therefore, on 1/1/2012, appellant-husband withdrew the aforesaid application. But again after some time, she left the matrimonial home and at that time she was pregnant. Appellant requested her to come back to matrimonial home for her proper care and medical treatment but respondent refused to come back and on 6/5/2012, a girl child was born. Again after continuous effort, respondent came to her matrimonial home but after spending 4 months, she ultimately deserted the matrimonial home. Since then 8 years have passed and respondent-wife has been living separately. So, husband filed application for decree of divorce on the ground of desertion.

(3.) The wife, in turn, denied all the allegations levelled against her in her written statement and submitted that she always tried to live in her matrimonial home happily but appellant and his family never took proper care of her and also tortured her with mental cruelty, hence, the divorce petition was filed on the false allegation to harass the respondent.