MOHIT PATEL Vs. MEELA PATEL

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and decree dtd. 8/4/2022 passed by the Judge, Family Court, Bemetara, in civil suit No.35-A/2020 whereby the application preferred by the appellant/husband under Sec. 13(1)(ib)(vi) of the Hindu Marriage Act, 1955 (henceforth 'the Act, 1955') for grant of decree of divorce on the ground of desertion and renouncing the world by entering into religious order was dismissed. The husband is in appeal before this Court.

(2.) The facts of the case, in brief, are that the parties were married on 10/7/2016 as per the rituals in village Chuhka, District Bemetara and thereafter they had lived together for about couple of months. Subsequently, the wife has called her brother and returned to her parental village. Though the husband had gone on various occasions to take back the wife, but she refused to join his company. The husband further pleaded that the wife has joined the institution run by Asaram Bapu namely; Hari Om and she is not interested in the married life and behave like a monk. He pleaded that after the ring ceremony also the wife has informed him that she is not interested in married life and on the pressure of her parents she agreed for marriage. Husband also pleaded that without any plausible reason the wife is residing separately since 2016 and deprived the husband from the conjugal rights.

(3.) While denying the aforesaid contention of the husband, it is pleaded by the wife that after the marriage she stayed with the husband for about one year and during such period the husband used to come late in the night that too in an inebriated condition and also used to abuse and assault her. The husband is also in the bad habit of consuming sexual medicines and thereafter made physical relation in a cruel manner. When she opposes, the behaviour of the husband aggravated. Her in-laws also have not paid any attention in respect of such conduct of the husband. They also abused and blamed her. According to the wife, whenever she talks over mobile phone with her close relatives, the in-laws always used to record such conversation and forced her not to go to her parental village. The wife also pleaded that when she informed about the conduct of the husband to her uncle father-in-law (???? ????), he also supported the bad habits of her husband about consuming liquor and stated that now a days it is common and advised her to become monk (??????). Husband used to threaten her that if she opposes his habits, he will bring another lady to the house. The wife pleaded that the husband has also illicit relation outside the marriage. Father of the wife namely; Pilaram (DW-2) had gone to convince the husband and also advised him to improve his conduct. Thereafter, some relatives of the husband came to her parental home to bring her back then she made a complaint about bad habits of the husband and stated that whenever the habits of the husband changed and he became a good man she will join the company of the husband.