BINDA BAI KASHYAP Vs. RAMASHANKAR KASHYAP

JUDGEMENT

(1.) The instant Appeal is directed against the judgment and decree dtd. 31/1/2020 passed by the Additional Principal Judge, Family Court, Bilaspur, District Bilaspur in Civil Suit No.135-A/2016 whereby, a decree was passed in favour of the Respondent/husband and the marriage between the parties which took place in the year 2006 was dissolved by a decree of divorce. The Appellant/wife is in Appeal before this Court.

(2.) The Respondent/husband preferred a Petition before the Family Court stating that his marriage with the Appellant/wife took place in the year 2006 and out of the said wedlock, two girls were born. Subsequent to the marriage, the Respondent/husband was selected as siksha karmi and was posted at village Bijadaija, Tahsil Takhatpur, District Bilaspur wherein, they started living. The Respondent/husband states that till 2011, the relations between them were cordial but when the Appellant/wife used to talk hours together over the phone, the same was objected by him. The Respondent/husband alleges that the Appellant/wife used to talk with a person outside the marriage and despite his advice, she did not mend her ways and continued to talk with the third party. As per the Respondent/husband, in the year 2011, she purchased a new mobile and gifted it to the person with whom, she was in talking terms on phone and having been confronted with the same, she has stated that she would not repeat such mistake. The Respondent/husband further alleges that because of the uncontrolled expenses of the Appellant/wife, she was not able to cut her needs, as such, she committed theft in the household property of the landlord where they were living and when she was caught, she admitted her guilt and by such activity, the entire image of the Respondent/husband, who was working in a school as a teacher, was tarnished. Subsequently, due to such incident, the relationship between the husband and wife became sour and as such, the Appellant/wife along with her children shifted to her parental house. Thereafter, different applications were filed and a false report was also made by the Appellant/wife under Sec. 498-A IPC. The Respondent/husband further alleges that due to such activities, the wife has deserted, therefore, he is entitled to a decree of divorce.

(3.) In reply to the averments made, the Appellant/wife denied all the allegations and stated that she has neither admitted her guilt nor executed any affidavit whereby she admitted her behaviour to be a cruel one. The Appellant/wife further states that as she gave birth to two girls, therefore, she was subjected to cruelty for not being able to give birth to a male child and under these circumstances, she was driven away from her husband and was forced to stay at her parental house.