SUSHMA Vs. DEVENDRA DEWANGAN

JUDGEMENT

(1.) Heard.

(2.) The present appeal is against the judgment and decree passed by the learned Additional Principle Judge, Family Court, Bilaspur in civil suit No.167-A of 2016, whereby a decree of divorce has been granted in favour of the husband under Sec. 13 (1) (ia) of the Hindu Marriage Act, 1955, on the ground of cruelty.

(3.) The facts of the case are that a petition seeking divorce was preferred by the husband. The parties were married on 24/2/2012 and out of the wedlock a child was born on 28/12/2013. It is contended by the husband that after the birth of the child, in a function named Chhatti at village Tulsi on 4/2/2014 some dispute took place in public and the wife started to demand to go back to her parental home on 5/2/2014. Despite all efforts made to stay her back she did not agree to it and an agreement Exhibit P2 was executed between them wherein she agreed that she does not want to stay with her husband and wanted to go back to her parental home. Husband further contended that during her stay in the matrimonial house, she used to abuse the family members of husband on trivial issues. He further contended that taking into consideration her behavior, the Doctor has advised her for psychiatric counselling, but, whenever she was advised to go for such counselling, she opposed it and abused & misbehaved with the family members of the husband, which amounts to cruelty. He further stated that from 5/2/2014 she was staying separately with her child and resuming the matrimonial ties would be difficult, as such, the prayer was made for decree of divorce.