OM PRAKASH TIWARI Vs. SUSHILA DEVI

JUDGEMENT

(1.) In this appeal, the appellant is assailing the legality, validity and propriety of the judgment and decree dated 30-4-2010 passed by the Judge, Family Court, Ambikapur, Sarguja in Civil Suit No. 35-A/2008 (Omprakash Tiwari v. Smt. Sushila Devi). Facts of the case, in brief are that the appellant filed an application under Section 13 of the Hindu Marriage Act, 1955 (for short "the Act, 1955") for dissolution of marriage between the appellant and the respondent on the ground of cruelty and desertion. In the said application, the appellant contended that the marriage of the appellant and the respondent was solemnised on 5-3-2002 at Bedanikala, Police Station Manatu, District Palamu (Jharkhand) as per the Hindu rites and rituals. After the marriage, relation between the couple was well and good quite for some time, however, after some time, the respondent was not willing to reside with the family members of the appellant and accordingly she started misbehaving with the family members of the appellant. On 23-7-2005, the respondent, without any sufficient and cogent reasons left the house of the appellant on her own and started residing with her parents. Thereafter, the appellant tried his level best to bring the respondent to his home, but all the efforts failed.

(2.) According to the appellant, before marriage, both the parties, i.e., appellant and respondent have not seen each other and when the appellant went to Jharkhand he came to know that the girl with whom his marriage was fixed was some other girl, not the respondent, but on the pressure of the family members of the respondent, he agreed to perform marriage with the respondent.

(3.) The contention of the appellant is that the respondent always pressurised the appellant to live separately and when the appellant did not agree with the aforesaid proposal of the respondent, she left the appellant's house. Subsequently, she filed a false criminal case for demand of dowry against the appellant and his family members. Under these circumstances, he has no other option except to file a petition for decree and divorce.