NEELAM AGRAWAL Vs. OM PRAKASH AGRAWAL

JUDGEMENT

(1.) Heard.

(2.) The present appeal is against the judgment and decree dtd. 24/10/2017 passed by the Additional Principal Judge, Family Court, Bilaspur, C.G. in Civil Suit No.91-A / 2017 whereby, the petition filed by the husband for decree of divorce was allowed. The present appeal is by the wife.

(3.) The respondent/husband preferred a suit pleading inter-alia that the marriage between the parties took place on 4/12/2005 at Raipur and thereafter the wife went to Bangalore and stayed there. Subsequently, they could not go along and the wife always used to insult the husband and the dispute between them aggravated and they started living separately. Subsequently, an application was filed under Sec. 9 of the Hindu Marriage, Act, 1955 wherein after some point of time, compromise was effected. On 22/10/2009, an agreement was drawn and the wife rejoined, however, thereafter when the child Ku. Ananya was born, the wife used to further torture the husband with demand to return back to Bilaspur. It is pleaded that consequently, the husband left his job on 7/6/2015 and wanted to do agriculture but wife did not like it. Thereafter, the husband decided to open a computer training institute; and pursuant thereto sold his house at Bangalore for Rs.5.00 lakhs; and further arranged Rs.5.00 lakhs from his relatives and friends; and the entire collection of Rs.10.00 lakhs was given to the wife. It is further stated at that moment, when one day i.e. on 28th - 29/8/2016, the husband was not at home, the wife took away the household goods and went away along with the child and further took away the amount entrusted to her of Rs.10.00 lakhs. It is stated she went to her parental home at Raipur. Thereafter, the family members / relatives tried to settle the dispute between them, but eventually failed and according to the husband, the wife refused to return to her husband despite all efforts made. Therefore, on the ground of cruelty and desertion, the application for divorce was filed.