VIKASH DATTA Vs. LEENA DATTA

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and decree dtd. 24/9/2015 passed by the Judge, Family Court, Rajnandgaon, in civil suit No.16-A/13 whereby the application filed by the appellant/husband for grant of decree of divorce on the ground of desertion and cruelty, was rejected. The present appeal is by the husband.

(2.) The indisputable facts in this case are that the appellant/husband and the respondent/wife were married on 18/1/2009. Out of the wedlock a child was born on 10/5/2010. It is also not in dispute that from 25/10/2019 the wife was residing at her parental home. Case of the husband before the Court below was that after marriage the wife went to her parental home on 2/2/2009 to appear in B.Ed. Examination, thereafter, when she did not return the husband many a time persuaded and called his wife. Subsequently, she came back to join the company of husband in the month of May, 2009. Again on 25/10/2009 she along with her relatives i.e. brother-in-law, sister and mother went back to her parental home and thereafter never returned. The husband further pleaded that the matrimonial ties in between the couple were not cordial and the wife could not adjust herself in the joint family culture. Consequently, it resulted into daily quarrel. The husband also pleaded that the wife extended threat to inculpate the husband and his family members in a false criminal case of dowry. It was further pleaded by the husband that after the wife went to Bhadravati from 25/10/2009 a false report was lodged against him and his family members alleging demand of dowry. In the said case, after enquiry, nothing was found against them and, as such, the report was closed. According to the husband, in the month of July, 2011 he went to take back his wife, but it was refused by her family members. Eventually, a notice was sent to wife to join his company to which she replied that she is being ill treated for demand of dowry and eventually she did not join the company of the husband. Consequently, the petition for divorce was filed by the husband on the ground of desertion and cruelty.

(3.) Wife filed her written statement in the case, but she did not adduce evidence and proceeded ex parte.