DILIP KUMAR PRAJAPATI Vs. ANITA PRAJAPATI

JUDGEMENT

(1.) The present appeal is against the judgment and decree dtd. 5/1/2019 passed by the Judge, Family Court, Korba (C.G.) in Civil Suit No. 28-A/2017; whereby the application under Sec. 13 of the Hindu Marriage Act, 1955 (for short 'Act of 1955') preferred by husband for decree of divorce on the ground of cruelty and desertion was dismissed. Therefore, the instant appeal by the husband.

(2.) As per the plaintiff averment, the appellant and the respondent got married on 23/4/2008 as per Hindu rituals. After the marriage, the respondent/wife went to her parental house. When the appellant/husband herein went to take back the respondent/ wife to her home, she stated that her parents had forcefully got her to marry because she is in love with another boy. She also stated that if she is forced to go along with her husband then he would be falsely implicated for demand of dowry. Looking to this behavior of the respondent, the appellant/husband lodged a report at Thana: BALCO Nagar. Thereafter, the appellant made a complaint to the members of his community, wherein, they have advised both the husband and wife to live peacefully and responsibly. Subsequently, when the respondent refused to join the company of the appellant, the society had ousted her. In July, 2011, the respondent filed an application under Sec. 13 of Hindu Marriage Act, in the Family Court, Korba wherein, a compromise took place between the parties and they agreed to stay together. Thereafter, the respondent made an allegation against the appellant that he is having illicit relationship with some other girl. It is stated that the respondent used to quarrel with the family members of the appellant and she refused to perform her matrimonial obligations and used to ask the appellant that he must live with her in the house of her parents, otherwise false complaint would be lodged against him. After a few days, the respondent-wife started troubling the appellant and his family members and she was also not cooperative, therefore, in order to pacify the situation, the appellant sent the respondent to her parental house. In the year 2015, the respondent filed a case on the ground of domestic violence. Thereafter, the appellant went to respondent's house where the respondent refused to join his company and she asked for maintenance. The matter has travelled to mediation, wherein, both the parties were directed to stay together, but the respondent refused. It is stated that the respondent/wife is living with her parents since 2014 without any just and reasonable cause. According to the plaintiff/ appellant, the wife has alleged that he had illicit relation with one Savita Kurre and he wants to marry her. It is further stated that he has no such relation with any other woman and the respondent/wife levelled false allegations of adultery against him so as to tarnish his reputation which amounts to cruelty by the wife.

(3.) In reply, the respondent/wife denied all the adverse averments and contended that no cruelty was meted out to the appellant by her as alleged. In fact she was willing to live with him and his family members peacefully but he was not interested to keep her and therefore made false allegations against her. She has further stated in her reply that the appellant does not want to live with her because he is having extra-marital affair with one Savita Kurre. The respondent also alleged that when she went to her parental house, the appellant never came to take her back. It is also stated that the appellant had not come to see her at the time of her delivery and no financial assistance was rendered. She further stated that when the appellant holding the post of Patwari, subjected her to torture. The respondent had also filed an application for restitution of conjugal rights wherein, certain compromise was held between the parties. The respondent also stated that due to the illicit relationship of the appellant with one Savita Kurre, he used to torture her and had evicted from his house and forcibly sent her to her parental house. She further stated that since the appellant wants to marry Savita Kurre, he deliberately deserted her.