SOHIL AGRAWAL Vs. ANJALI AGRAWAL

JUDGEMENT

(1.) Appellant-Husband preferred this appeal against the judgment and decree dtd. 18/4/2018 passed by the learned Additional Principal Judge, Family Court, Bilaspur, C.G. in Civil Suit No.112-A/2016, whereby the petition filed by the wife / respondent for grant of decree of divorce was allowed.

(2.) Averments made in the suit filed under Sec. 13 of the Hindu Marriage Act, 1955 (for short 'the Act, 1955') by the respondent / wife, in brief, are that appellant / husband married the respondent / wife on 26/4/2012 according to the Hindu rites and rituals. After marriage, the respondent/wife joined the company of the husband and from their wedlock, one male child was born. It is alleged by the wife/respondent that soon after the marriage, she was being tortured and harassed mentally and physically on different occasions by the appellant / husband in connection with demand of dowry and for saving the family, she was tolerating the torture given by the husband. Even at the time of her pregnancy, she was ill-treated by the appellant / husband and was dropped at her parental home. This apart, the appellant / husband also levelled false allegation on her character and on that ground sought divorce by filing a petition under Sec. 13 of the Act, 1955 i.e. Civil Suit No.48A/14 which was subsequently dismissed by the Court. Being fed up with the persistent ill-treatment by the husband and his family members, she filed a complaint case under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 and an application under Sec. 125 of Cr.P.C. for grant of maintenance as also lodged a report under Sec. 498-A of IPC against him. Respondent / wife is living separately from the appellant / husband since 9/4/2014, there is no possibility of re-union of the parties and as such, decree of divorce on the ground of cruelty was sought for.

(3.) Appellant / husband in his written statement denied all the adverse averments made by the respondent / wife and stated that it is the respondent / wife who used to pressurize him for living separately from his family members. He never treated her with cruelty, rather took all possible best care of her. He had filed a suit under Sec. 13 of the Hindu Marriage Act because during the proceedings in Mahila Paramarsh Kendra, Bilaspur, she had admitted having extra marital affair with other persons and during the said proceedings, a false report under Sec. 498A of IPC was lodged against him. To avoid arrest in the said case, he had to run away and, therefore, his suit for divorce was dismissed due to his non-appearance. Even by mentioning false date of birth of the wife and showing forged Janam Kundli (Birth Chart), the marriage was performed with the husband against which he made a complaint to the police and when no action was taken thereon, he filed a complaint case before the Court of CJM, Bilaspur which was dismissed and the same has been challenged in revision before the Sessions Court which is under consideration. With the above averments, the appellant / husband prayed for dismissal of the suit filed by the respondent / wife.