DILHARAN MARKAM Vs. GAYAVATI MARKAM

JUDGEMENT

(1.) This appeal is filed under Sec. 19(1) of the Family Courts Act, 1984 (for brevity 'Act of 1984') by the appellant/husband (for brevity 'husband') against the judgment and decree dtd. 6/11/2017 passed by the Judge Family Court, Kabirdham (Kawardha), C.G. in Civil Case No.22-A of 2016 whereby the application under Sec. 13 (1) of the Hindu Marriage Act, 1955 (for brevity 'the Act of 1955') filed by the husband for grant of decree of divorce, has been dismissed.

(2.) The husband moved an application with the averments that he and respondent//wife (for brevity 'wife') were belong to Scheduled Tribe, namely, Gond caste. Their marriage was solemnized in the year 2001 as per Hindu rituals and customs and from their wedlock, they were blessed with three daughters, who were aged about 12 years, 10 years and 6 years, respectively. In the year 2007, husband was appointed as Constable in the Police Department and after completion of training, he was posted at Police Station Rengakhar on 23/10/2009. Thereafter, attitude of wife towards the husband started changing and she refused to accompany him in his workplace whenever and wherever he was transferred. In the month of September 2011, without there being any sufficient cause, wife left the company of husband and spread rumour in her relatives that the husband had performed second marriage with another lady, who was residing with him. In the month of November 2011, she went to her parental house along with her children and thereafter she did not return. The husband made efforts and went to wife's residence along with his relatives to bring back his wife, but, she refused to join and resume matrimonial chord.

(3.) The wife has filed reply to divorce petition, in which, it was pleaded that husband and wife both belong to Gond caste under Scheduled Tribe. The wife denied all adverse pleadings made therein and pleaded that she is always ready and willing to live with husband and discharge her matrimonial obligations and it is the husband who refused to live with her and he himself has disclosed to her that he is having extramarital affair with some lady. It is, therefore, pleaded that husband is not entitled to get decree of divorce and Family Court is rightly justified in dismissing the petition filed by the husband.