DULESHWARI SAHU Vs. RAMESH KUMAR SAHU

JUDGEMENT

(1.) Challenge in this appeal by the appellant/wife under Sec. 28 of the Hindu Marriage Act, 1955 read with Sec. 19(1) of the Family Courts Act. 1984 is to the legality, validity and propriety of the judgment dtd. 27/11/2019 passed by Principal Judge, Family Court, Durg (C.G.) in Case No. 328/2018; whereby the petition filed by the respondent/ husband under Sec. 13(1)(2)(a) of the Hindu Marriage Act, 1955 has been allowed and marriage between the parties has been dissolved by a decree of divorce.

(2.) As per averments in the plaint, marriage of the respondent/ husband with the appellant/wife was solemnized on 27/04/2009 as per the Hindu customs and rituals at Bhilai, District Durg (C.G.). At the time of marriage the respondent/husband was posted in Indian Army at Badmer, Rajasthan and in the year 2011 he was posted in Babina, District Jhansi (M.P.). According to the husband, the wife used to misbehave with his parents and when he would try to make her understand, she would get aggressive and threaten of implicating him in false dowry and women harassment cases. From their wedlock, a female child was born on 18/09/2012. After naming ceremony of the child, in April 2014 the wife having quarreled with her in-laws left the matrimonial home with the child without informing anyone and went to her parental home at Camp-1 Bhilai, District Durg (C.G.) and started residing there. However, after a social meeting being convened at the parental home of the appellant/wife in which the parents of both the parties were present, the matter was resolved and wife came back to her matrimonial home. But in May 2014, she lodged a false report at the Police Station of being assaulted by her husband and demand of dowry by her father-in-law and mother-in-law; whereas at that time the husband was not present there. During counseling proceedings in the said matter the husband appeared where he expressed his willingness to live with the appellant/wife but she straight way refused to go with him. However, on being persuaded by the counseling members, the appellant wife herself came back to her matrimonial home in September, 2014 but on 17/09/2014 she again lodged a false case under Ss. 498-A, 323, 394 and 506B of IPC against the husband and vide judgment dtd. 04/05/2017 the Judicial Magistrate First Class, Guderdehi acquitted the husband of all the charges.

(3.) The appellant/wife had filed a Civil Suit No. 273/2015 on 16/06/2015 before the Family Court, Durg (C.G.) for grant of divorce which was dismissed for want of prosecution on 18/09/2017. Hence, the husband filed a petition for grant of divorce on the ground of cruelty and desertion on the part of the wife.