KOMAN LAL SAHU Vs. SUSHILA SAHU

JUDGEMENT

(1.) The present Appeal has been preferred against the judgment dtd. 19/11/2015 passed by the Family Court, Mahasamund in Civil Suit No.F 15A/2015 whereby the suit preferred by the appellant under Sec. 13 (1) of the Hindu Marriage Act, 1955 (henceforth 'the Act') seeking divorce has been dismissed.

(2.) Facts of the case are that the appellant filed an application under Sec. 13 (1) of the Act seeking divorce from the respondent, inter alia, stating that the marriage between the parties was solemnized on 15/4/1981 at Katabhanji, (Orissa) as per the Hindu Rites and Rituals, and out of the wedlock 3 children were born.

(3.) It is stated in the application that right from the beginning of the marriage, the character of the respondent-wife was suspicious, as she used to talk with strangers both in presence and absence of the appellant. As and when the appellant used to raise objection, the respondent-wife used to quarrel with the appellant. The respondentwife always used to raise quarrel with the appellant and used to extend threat through other persons. Lastly, the respondent-wife left the matrimonial home and started residing in her parental home. The respondent-wife also lodged a report against the appellant under Sec. 498-A of the IPC. In the said matter, the appellant was acquitted by the trial Court on 19/5/2005 (Ex.-P/1). As the respondent is residing separate since last 13 years and there is no cohabitation between them and deserted him without any sufficient cause, therefore, the appellant is entitled for divorce.