MANISH RAY Vs. SMT. LIPIKA SARKAR

JUDGEMENT

(1.) This appeal has been preferred by the appellant/husband against judgment and decree dtd. 9/5/2019 passed by the Judge, Family Court, Rajnandgaon (CG) in Civil Suit No. 198A/2017 whereby civil suit filed by the appellant/husband under Sec. 13(1)(ia) of the Hindu Marriage Act, 1955 (henceforth 'the Act, 1955'), for grant of decree of divorce was dismissed.

(2.) Essential facts leading to filing of this appeal are that appellant and respondent performed love marriage on 28/12/2015. Husband filed a suit against respondent/wife on 4/12/2017 for grant of decree of divorce stating therein that till 3-4 months after marriage, behaviour of wife was well with him, thereafter, she started quarreling with him on petty issues and insulted him in front of his friends and neighbours by saying that she has been caught hold in the clutches of beggar, as he could not fulfill her demand of valuable articles. Due to repeated quarrel, their landlord ousted them from his rented house. Thereafter, on being permitted by mother of appellant/husband, they lived together with his mother in his parental house. There also, she behaved well for few days, thereafter, she started quarelling with husband and his mother also. She also used to beat his mother, hence, she left the house and started living at her work place at village Sarkheda. Wife did not prepare meal and on being asked, she used to quarrel and also threatened to die and implicate his mother in the case. Thus, respondent/wife caused mental cruelty to husband on various counts. Despite explaining her by her parents, her conduct and behaviour did not change rather she threatened to kill him (husband) and commit suicide. She also used to beat him. Thus, she persistently caused physical and mental torture to appellant/husband, therefore, living together of them is not possible due to serious differences between them. It is further pleaded that after marriage, respondent/wife resided only for about 10 months with the husband and prior to 14-15 months of filing instant application, she had left his company and residing in her parental house. She had stated that after few days, she will come back from her parental house but till filing of application, she did not return to her matrimonial home, therefore, appellant/husband filed instant application seeking divorce.

(3.) In reply, respondent/wife has denied all the allegations levelled against her. She has pleaded that after marriage, husband kept her for 4-5 months in rented house, thereafter, he took her to his parental place, but since mother of the husband did not like their marriage from the beginning, therefore, she always used to instigate the appellant/husband to make quarrel with her, hence, husband used to quarrel with her, and his mother also abused her by saying that whore has married his son (appellant) by alluring him and she will oust her. The wife has pleaded that she has never made any quarrel with husband or his mother and always had followed her marital liabilities including preparing food, washing utensils etc. She has further pleaded that in the month of October, 2017, on being asked by her mother-in-law, appellant has left her to her parental place saying that after one week, he will bring her back, but he never came to bring her back, therefore, many times, respondent/wife herself had gone to join company of husband, but he and his mother used to escape from the house by putting lock in their house. Thus, neither she had left the company of husband nor she is residing with her own, rather since appellant/husband is not ready to keep her, therefore, she has been compelled to live in her parental house. It has further been pleaded that instead of taking her back, wife surprised on being received notice of the Court in the year 2018. It is further pleaded that she is still ready to lead marital life with appellant/husband, but he himself is not ready to keep her, on being influenced by his mother, hence, the appellant is not entitled to get any relief.