NANDKUMAR DEWANGAN Vs. OMLATA DEWANGAN

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment and decree dtd. 24/10/2017 passed by the learned Additional Principal Judge, Family Court, Bilaspur in Civil Suit No.65-A/2016, whereby the learned Family Court has rejected the application filed by the appellant-husband under Sec. 13 (1) of the Hindu Marriage Act, 1955 (for short 'the Act, 1955') seeking divorce.

(2.) Before the Trial Court, this is an admitted fact that the marriage of the appellant-husband and respondent-wife was solemnized on 13/5/1989 according to Hindu Rites and Rituals and out of their wedlock, three children were born, which are aged about 22 years, 18 years and 13 years, respectively, and they are living with the appellant-husband.

(3.) Brief facts of the case are that the appellant-husband filed an application under Sec. 13 (1) of the Act, 1955 before the Family Court, Bilaspur seeking divorce from respondent-wife contending therein that the marriage of the parties was solemnized on 13/5/1989 and the respondent-wife married to the appellant-husband against her father's wishes. At the time of marriage, the appellant was unemployed. Since beginning, the respondent-wife started quarreling with the appellant-husband for demand of gold, diamond, clothe etc. The appellant-husband was unable to fulfill the demands of the wife, as he was unemployed. The appellant-husband joined as Assistant Professor in the year 2007 in Government College, Kawardha, but behavior of the respondent-wife remained the same and was not proper. She always used to mentally harass the appellant and children. On 14/5/2010, the respondent-wife left the house of the appellant-husband and since then she has been living with her parents. The appellant tried to get her back but she refused to live with the appellant. They have been residing separately for last 6 years. The appellant even sent notice to the respondent on 12/10/2011, but she did not come to home and instead she filed an application under Sec. 125 of CrPC for maintenance before the Family Court, Bilaspur. On compromise entered into between the parties, the appellant has been paying Rs.1500.00 per month to the respondent as maintenance since then. She again filed application under Sec. 18 of the Hindu Adoption and Maintenance Act, 1956 for maintenance, but the same was dismissed vide order dtd. 18/10/2015 on the ground that the wife is residing separately without any sufficient cause on her own will, thereafter the appellant filed the application under Sec. 13 (1) of the Act, 1955 for dissolution of marriage, which was dismissed, against which the present appeal has been filed.