RAMKESHWAR SINGH Vs. SHEELA SINGH

JUDGEMENT

(1.) The present appeal is against the judgment and decree dtd. 5/10/2013 passed by the Family Court Bilaspur in Civil Suit No.25-A/2006 whereby the petition filed by the husband seeking divorce u/s 13 of the Hindu Marriage Act, 1955 was dismissed.

(2.) (a) The brief facts of the case as have been pleaded by the husband before the court below, are that the marriage took place in between the appellant and respondent on 11/5/1995. Thereafter when she became pregnant unilaterally she got aborted the child without the consent of the husband. It is pleaded that after the marriage, the wife was found suffering with Tuberculosis and she often used to go to her maternal house and the applicant being a government doctor, could not always stay with her, therefore, for her benefit of health, she was sent to her parental house for treatment in 1995. Thereafter, many a time, he tried to take her with him but she used to take pretexts. It is stated that since she was not interested to stay with the husband, he filed an application for dissolution of marriage on 2/2/1996 which was eventually withdrawn before the Court at Jagdalpur and again on 6/11/1998 filed application for dissolution of marriage. The wife also filed application on 6/8/1996 before the Addl. Sessions Judge, Korba for dissolution of marriage which eventually was withdrawn on 15/3/2004.

(3.) (a) Learned counsel for the appellant referred to the pleadings made by him in application for divorce as also the contents of reply filed by the respondent and would submit that because of false report made by the wife, his entire family members were arrested. He would further submit that the acquittal order which was filed would show that false allegations were made and because of false report and initiation of subsequent proceedings, the reputation of the petitioner being a doctor was adversely affected in the society. Referring to acquittal order passed by the learned court below wherein the trial was conducted, he would submit that while acquitting the appellant along with all family members, the entire allegations were considered and the order was passed on merits.