PRITAM LAL SAHU Vs. KALPANA SAHU

JUDGEMENT

(1.) This appeal has been preferred by the Applicant - husband being aggrieved by the judgment and decree dtd. 23/2/2016 passed by the learned Family Court, Korba in Civil Suit No. 60-A/2010, whereby the application filed by him seeking dissolution of marriage has been dismissed. The parties to this appeal shall be referred hereinafter as per their description before the Court below.

(2.) Briefly stated the facts of the case are that the Applicant - husband instituted a suit claiming decree for dissolution of marriage on the grounds enumerated under Sec. 13 (1) (i) and (ia) of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act, 1955). It is pleaded in the application that his marriage with Non-Applicant - wife was solemnized on 1/5/1996 in accordance with the Hindu rites and rituals and immediately after the marriage, they started living at his village Jairamnagar, District Bilaspur and out of their wedlock, two children were born. According to the Applicant, his wife frequently used to go to her parental house at Korba and used to quarrel with him whenever he asked for the reason of her repeated visits. It is pleaded further that she lodged a false report on 7/9/2008 against him and his parents at Police Station Masturi, District Bilaspur, based upon which, an offence punishable under Sec. 498-A, 323 read with Sec. 34 of IPC was registered in connection with Crime No.290/2008. It is pleaded further that he had also initiated a proceeding for restitution of conjugal rights under Sec. 9 of the Act, 1955, which was registered as Civil Suit No.26-A/2009 and came to an end on 15/9/2009 based upon compromise and thereafter he and his parents have been acquitted of the charge under Sec. 498-A of IPC vide order dtd. 30/10/2009 passed by the Judicial Magistrate First Class, Bilaspur in Criminal Case No.850/2008.

(3.) According to the further contention of the Applicant - husband, his wife is living adulterous life as it was revealed based upon the preliminary examination conducted on her at hospital on 9/10/2009 that she became a pregnant, though there was no cohabitation during the said period. It is pleaded further that his wife has deserted him and started living separately since 2/12/2009, therefore, he is entitled to get a decree for dissolution of marriage under Ss. 31 (1) (i) and (ia) of the Act, 1955.