MANISHA MISHRA Vs. SANDEEP MISHRA

JUDGEMENT

(1.) The present appeal is against the judgment and decree dtd. 18/8/2017 passed by the Family Court, Raipur, (C.G) whereby the application filed by the wife seeking decree of divorce on the ground of cruelty was dismissed.

(2.) The wife filed a petition for divorce on the ground that she was married to respondent Sandeep Mishra on 29/6/2012. After the marriage, she joined the company of husband and during subsistence of marital relations, a child named Geetanshu Mishra was born. It was stated that up-till 4 months after the marriage, the relations between them were cordial but subsequently it was noticed by her that husband was prone to heavy regular consumption of alcohol and due to inebriation he was not able to engage in any avocation. It was further alleged that whenever, he was short of money to procure liquor, he depends upon his parents and when he did not get money, he used to pick quarrels and assault the persons. As a result, the situation became aggravated in a day to day affair. It is further pleaded that the husband used to make baseless allegations on the character of wife and was suspecting the fidelity of the wife. It is also pleaded that quarrels and fighting between the parties had become regular phenomena, therefore, in between October 2012 and March 2013, many a time, she left for maternal home but on intervention/advice of elders, she again joined the company of the husband. It is pleaded that despite the efforts made by elders and relatives, the husband was not ready to improve his behavior, therefore, it would be difficult to restore harmony/cordial relations between them. As such the appellant wife expressed her inability to maintain the marital relations. It is stated that at last she came back to her maternal home in the first week of April, 2013 and since then she started living there. On these grounds, the decree of divorce was sought for.

(3.) In reply, the defendant husband denied all the allegations and stated that without any rhyme and reason, the wife deserted the company of the husband. It is further stated that he made several efforts to get back the wife but she did not accede to his request and without any sufficient cause started living continuously at her parental home. Therefore, she is not entitled for any relief.