YUDHISTIR KUMAR SAHU Vs. MANJU SAHU

JUDGEMENT

(1.) The present appeal is against the judgment and decree dtd. 25/1/2019 passed by the Family Court, Korba in Civil Suit No.47-A/2018 whereby the application preferred by the husband seeking divorce was dismissed. Hence the appeal is by the husband.

(2.) The facts involved in this case are that the husband filed a petition for divorce on the ground that the parties got married on 18/4/2014 at village Nunera, Tahsil Pali. Subsequently after she joined her matrimonial home, her behavior towards family members of the husband was not congenial and she started behaving in abnormal way as also tried to create problems. Off and on, she used to demand to go to her parental home and when it was resisted by the husband, she extended threat to commit suicide. Having considered the mental condition, the husband alleged that the wife was found to be suffering from mental illness and despite all treatment given to her, she did not recover and it was finally felt that continuation of the marital life would not be possible, therefore, a decree for divorce was claimed.

(3.) The wife in turn filed the reply and denied the allegations. Instead she levelled allegation that from the beginning the husband had illicit relations with a lady outside the marriage namely Halima and when she wanted to make him understand that after the marriage such relation should not continue, he said that he did not all want to marry her but under the pressure of his father he was constrained to marry her, thereby he used to harass her. It was further submitted that the husband used to come late in the nights in between 1.00 a.m., to 2.00 a.m., and was not cooperative with the matrimonial obligation and though she has no disease of any kind, yet the appellant branded her as mental patient, It was further pleaded in her written statement that because of his illicit relation with another lady when the appellant was made to understand by her, he became angry and filed application for divorce on the false allegation of mental patient. She further alleged that during the festival of Dusherah she was left at her parental home but eventually the husband did not come to take her back and she stated that she wanted to stay along with the husband.