LAWS(CHH)-2022-5-50

BHOJRAM BARLE Vs. SALIT BARLE

Decided On May 10, 2022
Bhojram Barle Appellant
V/S
Salit Barle Respondents

JUDGEMENT

(1.) Heard.

(2.) The instant appeal is preferred by the husband against the order dtd. 25/1/2019 passed by learned 2nd Additional Principal Judge, Family Court, Raipur whereby an application for seeking divorce by the husband was dismissed.

(3.) The brief facts of this case are that both the appellant and respondent solemnized their marriage on 15/5/2013 according to the Hindu rituals, thereafter, it was alleged that wife started behaving in an indecent manner, abused the husband and also used to threaten him by saying that she would inculpate his entire family in a case of dowry. This continued up till 13/5/2014, thereafter she left the company of the husband as she started living at Raipur and was engaged in a job of A.N.M. at a Primary Health Centre. Husband further alleges that despite of all the efforts to bring the wife back, everything failed and she denied their relation as husband and wife and used to address the husband as brother (bhaiya). It is further alleged that she never used to put vermilion (sindoor) on her forehead and mangalsutra, whereby used to deny the relation and to be as married lady. Husband further alleged that before filing of the petition in the month of December, 2016, the wife was residing separately at Raipur. The husband further pleaded that whenever he planned for a child, it was vehemently opposed by the wife and even she did not allow to have physical relation in-between. All the incidents caused mental agony which amounts to cruelty, therefore, marriage be dissolved by a decree of divorce.